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Criminal Code 1987

Criminal Code

CHAPTER I

GRENADA

AN ACT to establish a Code of Offences punishable on Summary Conviction and on Indictment.

[20th January, 1987]

PRELIMINARY

1. This Act may be cited as the

CRIMINAL CODE,

and is hereinafter referred to as "this Code."

2. This Code is divided into Books, Parts and Titles, as follows:-

PART I

TITLE I

BOOKI

GENERAL PROVISION (P.P. 4-47)

INTRODUCTORY PROVISION

PRELIMINARY MATTERS

CAP. I

Acts Cap 76 1958 Revision 23/1962 32/1962

1/1963 7/1964 5/1966

10/1966 45/1972 18/1973 35/1973 36/1973 12/1974 3/1980

16/1993 36/1993

Short title

Arrangement of the Code

PART II

TITLE II

TITLE Ill

TITLE IV

TITLE V

TITLE VI

TITLE VII

PART Ill

TITLE VIII

PART IV

TITLE IX

PART\!

TITLE X

TITLE XI

TITLE XII

PART VI

TITLE XIII

TITLE XIV

TITLE XV

Criminal ( 'ode

RLILFS AS Tll CRIMINAL RESPONSIBILITY

G1:.i\ER:\L EXPL\~ATlONS

Sn:nAL EXPLA!'\ATIONS RELATION TO CERTAIN

()J;l·ENCES

AnE~WrS TO l'OMMIT CRIMES

ABETMENT AND CONSPIRACY

Ci l'.NER,\L EXEMPTIONS

JUSTIFIABLE FORCE AND HARM

PL1:--.'ISI-11\1l:NTS

CiEl'ERAL AND SPECIAL CASES

BOOK II

SIIM~IARY OFFENCES (P.P. 48-84)

OFFENCES AGAINST THb PERSON

ASSAULTS AND CRIMINAL HARM

OFFENCES AGAINST RIGHTS OF PROPERTY

\ii !SCHIEi' TO PROPERTY

MISAPPROPRIATIONS AND FRAUDS

FORGERY AND FALSE COIN

OFFENCES AGAINST PUBLIC ORDER, HEALTH,

AND MORALITY

PllBUC Nll!SANCES

PERJURY

MISCELLANEOUS OFFENCES

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BOOKlll

INDICTABLE OFFENCES (P.P. 84-158)

PART VII OFFENCES AGAINST THE PERSON AND

REPUTATION

TITLE XVI ASSAULT AND SIMILAR OFFENCES

TITLE XVII CRIMINAL HARM TO THE PERSON

TITLE xvn CRIMINAL HOMICIDE AND SIMILAR OFFENCES TmE XIX LIBEL

PART VIII

TITLE XX

TITLEXXI

OFFENCES AGAINST RIGHTS OF PROPERTY

MISCHIEF TO PROPERTY

MISAPPROPRIATIONS AND FRAUDS

TITLE XXII HOUSE-BREAKING AND BURGLARY

TITLE XXIII FORGERY AND FALSE COIN

PART IX

OFFENCES AGAINST PUBLIC ORDER, HEALTH AND MORALITY

TITLE XXIV OFFENCES AGAINST TIIE SAFETY OF THE STATE

TITLE XXV OFFENCES AGAINST TIIE PUBLIC PEACE

TITLE XXVI PERJURY AND OBSTRUCTIONS OF PUBLIC

JUSTICE

TITLE XXVII OFFENCES RELATING TO PUBLIC OFFICES AND

TO PUBLIC ELECTIONS

TITLE XXVIII BIGAMY AND SIMILAR OFFENCES

TITLE XXIX PUBLIC NUISANCES

PART X OFFENCES AGAINST NATIONAL FINANCIAL

INTEGRITY

TITLE XXX MAIL, WIRE AND ELECTRONIC FRAUDS (SEE P.P. 155-158)

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BOOK!

GE!':ERAL PROVISIONS

PART!

(NTROl)l/lTURY PRC)VISIONS

TITLE I

PRELIMINARY MATTERS

3. ( I ) In this CoJe. unles:-. the context otherwise requires-

..ac1·· includes any act or omission, and any series of acts or omissions. and any combination of acts and omis- :,,tons:

··administer". when used with reference to administering any substance to a person, means the causing the sub- stance to be taken or introduced into any part of a person's body. whether with or without his knowl- edge or consent:

··cattle" means the male. female or young of any animal of any of the following kinds, namely: any horse, ass, mule. kine, sheep, goat or swine, and any animal, other than a dog, which is ordinarily kept or used as a beast of burden. or for draught, or for ding, or for the prm.luction of wool or of hair;

"corporation" does not include a corporation sole;

"crime" means any act punishable by death or imprison- mL'nt:

"deliver" includes the causing a person to receive a thing and the permitting a person to take a thing. whether ,lirectly or by any other person;

··dure:-.s" means any force, harm, constraint or threat, used with intent to cause a person against his will to do or to abstain from doing any act:

Criminal Code

An indictable offence on conviction for which a person can, without proof of his having been previously convicted of crime be sentenced to death, or to imprisonment with hard labour for three years or more, is a "felony" whether it be actually prose- cuted summarily or on indictment;

"gaming house" means any building or premises kept or used by any person without lawful authority, for the purpose of directly or indirectly making gain by pro- viding any facilities for betting or for the playing of any game of chance for money or money's worth;

"Gaoler" means the keeper or other officer having the charge of any prison;

"Health officer" includes every Government medical offi- cer, and any person appointed as health officer of sanitary authority in virtue of the provision of any act;

"Imprisonment" means, in the case of imprisonment for three years or more, imprisonment with hard labour, and, in the case of imprisonment for Jess than three years, imprisonment with or without hard labour, as the Court in its discretion thinks fit to direct;

"indictable offence" means any offence punishable under Book III. of this Code, or punishable on indictment under any other law;

"indictment" includes a criminal information triable before a jury;

"industrial school" means a school for the industrial train- ing of children, whether convicted or not; in which children are lodged, fed and clothed, as well as taught, and shall include any premises declared to be an industrial school under Subsection (I) of Section 78A of this Act;

''.judicial proceedings" includes any civil or criminal trial, and any inquiry or investigation held by a judicial officer in pursuance of any duty or authority;

"misdemeanour" means any crime which is not a felony;

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'· I Criminal Code

--night·· means the time between the hour of nine in the evening uf any day and the hour of five in the follow- ing morning:

--pi.:ace officer" means any person being or acting as a con- stahle DI special constable. or lawfully acting in aid of any such person:

--persun.. includes any hody of persons. corporate or unin- corporate; and. for the purposes of any proYision of thi~ Code relating to defrauding a person or to com- mitting any offence against the property of any per- so11. the Government of this State or of any other place or state. shall be deemed to be a person.

··prison.. means the public prison of the State or any lock- up house. police cell. or other duly authorized place of detention. whether such place of detention is, in the- case of a juvenile offender sent thereto, situate within the State or in any other British Possession in the West Indies or the Republic of Guyana.

Expressions referring to .. the public'" refer not only to the whole of Her fvlajesty's subjects within the jurisdiction of the Courts, hut also to the persons inhabiting or using any particular place or any numbc:r of such persons. and also to such indeter- minate persons as may happen to be affected by the conduct with rcfcrt="ncc to which such expressions are used;

··public place" includes any public way and any building, place or conveyance to which for the time being the public arc entitled or permitted to have access, either without any condition or upon condition of making any payment. and any building or place which is for the time being used for any public or religious meet- ing or a~sembly. or as an open Court;

--public way·· includes any highway, market place, square, street. bridge. or other way which is lawfully used by the puhlic;

Ac1' arc done --publicly""-

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(a) if they are so done in any public place, as to be likely to be seen by any person, whether such person be or be not in a public place; or

(b) if they are so done in any place, not being a public place, as to be likely to be seen by any person in any public place;

"send" includes the causing, or attempting in any manner to cause, a thing to be received by a person;

"statute" means any Act and any orders or rules made under the authority of any Act;

"summary offence" means any offence punishable under Book IL of this Code, or punishable on summary conviction under any other law;

"vehicle" includes cart, bicycle, tricycle, and any other car- riage on wheels;

"vessel" means any kind of ship, boat or raft, whether used for navigating the sea or for any inland navigation and includes any aircraft;

"will", when used with respect to a document, means any testamentary document, whether the same be formal or informal, complete or incomplete.

(2) In Book I. of this Code, unless the context otherwise requires-

"the Court" means either a Magistrate's Court in the exer- cise of its jurisdiction in respect of summary offences or the Supreme Court in the exercise of its criminal jurisdiction, according to the circumstances of the particular case.

(3) In Book II. of this Code, unless the context otherwise requires-

"the Court" means a Magistrate's Court in the exercise of its jurisdiction in respect of summary offences;

"complaint" includes any information or charge;

"defendant" means the person against whom a complaint has been made;

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••instrument of obeah"" means any philtre, vial, blood, bone, image or other article or thing, which according to the testimony of two or more credible witnesses, is used or intended to be used in the practice of obeah;

··obeah"" means any pretended assumption of supernatural power or knowledge. whatever, for fraudulent or illicit purposes, or for gain. or for the injury of any pc.:"rsun:

··order" includes any conviction.

(4) In Book Ill. of this Code, unless the context otherwise requm.~~-

""the Coun"" means the Supreme Coun in the exercise of its criminal jurisdiction.

4. (I) In this Code. ""company" includes any partnership or association whether corporate or unincorporate, and whether the purposes thereof be.:" or be not the carrying on of any trade or busine5'. and whether it be in course of formation or be actually frmned. or be in course of dissolution, winding up or liquidation.

(2) A company is in course of formation so soon as any act is done.': for the purpose of forming it; and it is immaterial whether or not it be at any time actually formed.

(3) ·•officer·· of a company or corporation includes any offi- cer. chairman, director, trustee, manager, secretary, treasurer, cashier. ckrk. auditor. accountant or other person provisionally, permanently or temporarily charged with or performing any duty or function in respect of the affairs of the company or cor- poration, whether ior or without any ren1uneration.

(4) ""account". when used with reference to a company or corporation. includes any book, register, balance sheet or docu- ment in writing relating to the affairs of a company or corpora- tion. whether such affairs be or be not the ordinary business or object of the company or corporation.

5. In this Code. ""public officer" means any person holding any of the following offices, or performing the duties thereof, whether as a deputy or otherwise, namely-

Criminal Code

(a) any civil office, including the office of Governor, the power of appointing a person to which or of removing a person from which is vested in Her Majesty, or in the Governor-General or in any public commission or board; or

(b) any office to which a person is nominated or appointed by statute or by public election; or

(c) any civil office, the power of appointing to which or of removing from which is vested in any person or persons holding public office of any kind included in either of the two last preceding sub-heads of this section; or

(ti) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanc- tion of any Court; or

(e) any Justice of the Peace;

A person acting as a minister of religion or ecclesiastical offi- cer, of whatever denomination, is a public officer in so far as he performs functions in respect of the notification of intended marriage or in respect of the solemnization of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect:

"civil office" means any public office other than an office in the military or naval service of Her Majesty;

"public office" means the office of any public officer;

"judicial officer" means any person executing judicial functions as a public officer.

It is immaterial, for the purposes of this section, whether a person be or be not entitled to any salary or other remuneration in respect of the duties of his office:

"public election" means any election the qualification for voting at which, or the mode of voting at which, is determined or regulated by law.

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<,. (IJ An expression lo which in this title a meaning is assi)!ned. either explicitly or by a reference to any other part of this Cude. has that meaning throughout this Code, unless in any case the context in which. or the matter with respect to which, the expre"ion is used requires that a different meaning should be a:'-lsigncd tn it.

(2) Any definition or explanation of a word shall be applied to the derivatives or different grammatical forms of that word so far as il is applicable thereto, and shall also be applied in construing any provision of this Code to the matter of which that definition or explanation is relevant, although neither that word nor any of its derivatives or different grammatical forms occurs or on:ur in such provision.

7. The following general rules shall be observed in the con- struct inn or this Code. namely-

(o) all the provisions of Book L shall be applied to and be deemed to form part of every provision of Books IL and 111.. 111 so far as they arc applicable to the matter of that provision. and are not expressly or by necessary implica- tion excluded. limited or modified with respect to that matter:

(b) this Code shall not be construed strictly, either as against Her Majesty or as against a person accused of any offence. but shall be construed amply and beneficially for giving effect lo the purposes thereof; and

(c) in the construction of this Code, a Court shall not be hound by any judicial decision or opinion on the con- struction of any other statute, or of the Common Law, as to the definition of any offence or of any element of any tlllence.

8. The jurisdiction of the Courts of this state for the purposes of this (\;de. extends to every place within this State or within one marine league of the coast thereof, measureci from low \\ ater mark.

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9. When an act which. if wholly done within the jurisdiction of the Court. would be an offence against this Code, is done

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partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or abets any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction.

10. No person shall, except as in the next succeeding section provided, be liable to punishment by the Common Law, or in any manner otherwise than according to the provisions of this Code, for any act done within the jurisdiction of the Court.

11. Nothing in this Code shall affect-

(a) the liability, trial or punishment of a person for an offence against any statute other than this Code; or

(b) the liability of a person to be tried or punished for an offence under the provisions of any Act relating to the jurisdiction of Colonial Courts, in respect of acts done beyond the ordinary jurisdiction of such Courts; or

(d) the liability or trial of a person, or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the com- mencement of this Code; or

(e) any power of Her Majesty, or of the Governor-General as the representative of Her Majesty, to grant a pardon, or to remit or commute in whole or in part, or to respite, the execution of any sentence passed or to be passed; or

(j) any of the laws, regulations or articles for the time being in force for the government of Her Majesty's naval, mili- tary or air forces:

Provided that if a person does an act which is punishable under this Code, and is also punishable under another law of any of the kinds mentioned in this section, he shall not be pun- ished for that act both under that law and also under this Code.

CAP.I

Exclusion of other laws

Saving of certain laws

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PART II

Ruu,s AS TO CIU~IINAL RESPONSIBILITY

TITLE II

GENERAL EXPLANATIONS

12. (II If a person does an act for the purpose of thereby causing or contributing to cause an event, he intends to cause that event. within the meaning of this Code, although either in fact or in his belief. or both in fact and also in his belief, the act is unlikely to cause or to contribute to cause the event.

(2) If a person uoes an act voluntarily, believing that it will probably cause or contribute to cause an event, he intends to cause that event. within the meaning of this Code, although he docs not do the act for the purpose of causing or of contributing to cause:- the event.

(3J lf a person dues an act of such a kind or in such a manner as that. if he used reasonable caution and observation, it would appear to him that the act would probably cause or contribute to_ cause an event, or that there would be great risk of the act caus- ing or contributing to (..'.ause an event, he shall be presumed to have intended to cause that event, until it is shown that he believed that the act would probably not cause or contribute to cause the event.

141 If a person. intending to cause an event with respect to one or some of several persons or things, or to such indetermi- nate person or thing as may happen to be affected by his act, causes such event with respect to any such person or thing, he shall be liable in the same manner as if he had intended to cause the event with respect to that person or thing.

(5) If a person does an act with intent to assault, harm, kill or cause any other event to a particular person, and his act happens to take effect, whether completely or incompletely, against a different person. he shall be liable to be tried and punished as if his intent had hcen directed against that different person; but any ground of defence or extenuation shall be admissible o~ behalf of the accused person, which would have been adlll1ss1-

ble It ms act nao ta.Ken errecc agamsL u1t; pt;r:suu w 111 u::;:-,pcu v• the thing against whom or in respect of which he intended it to take effect. \

13. (I) A person causes an event negligently if, without intending to cause the event, he causes it by voluntary act, done without such skill and precaution as are reasonably necessary under the circumstances, or as he is in the particular case bound by law to have and use, for preventing the event from being caused.

(2) Moreover, if an act is such that, not withstanding the use of skill and precaution, it is likely to cause an event which there is no justification for causing, the act (if not done with intent to cause that event) is negligently done with reference to causing that event, even though it be done with skill and precaution.

14. (I) If a person intentionally or negligently causes any involuntary agent to cause an event, that person shall be deemed to have caused the event. "Involuntary agent" means any animal or other thing, and also any person who is exempted from liabil- ity to punishment for causing the event, by reason of infancy, or insanity, or otherwise, under the provisions of Title VI. of this Code.

(2) If an event is caused by the acts of several persons acting either jointly or independently, each of those persons who has intentionally or negligently contributed to cause the event shall, subject to the provisions of the next subsection of this section and to the provisions of Title V. of this Code with respect to abetment, be deemed to have caused the event; but any matter of exemption, justification, extenuation or aggravation which exists in the case of any one of those persons shall have effect in his case, whether it exists or not in the case of any of the other persons.

(3) A person shall not be convicted of having intentionally or negligently caused an event if, notwithstanding his act and the acts of any person acting jointly with him, the event would not have happened but for the existence of some state of facts or the intervention of some other event or of some other person, the probability of the existence or intervention of which other event or person the accused person did not take into consideration,

Provisions relating to negligence

Provision relating to causing an event

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and had no reason to take into consideration. This provision shall not apply where a person is charged with having caused an event bv an omission to perform a duty for averting the event.

(-+ J If a person beyond the jurisdiction of the Courts causes an involuntarv a!.!,ent to cause an event within the jurisdiction, he shall he ,Ie-em~d to have caused the event within the jurisdic- tion.

(5J Subject to the provisions of this section, and to the spe- cial provisions of any particular Title of this Code, it is a ques- tion of fact whether an event is fairly and reasonably to be ascribed to a person·s act as having been caused thereby.

(6) A person shall not. by reason of anything in this section,. he relieved from anv liability in respect of an attempt to cause an event: and a per~on shall not. by reason of anything in this section. be relieved from any liability in respect of negligent conduct. if such negligent conduct is punishable under this Code irrespective of whether it actually causes any event.

15. In construing any provision of this Code by which it is required for a criminal act or criminal intent that an act should he done or intended to be done without a person's consent, or by which it is re4uircd for a matter of justification or exemption that an act shoulcl be done with a person's consent, the follow- ing: rules shall be observed. namely-

(a) a consent ,hall be void if the person giving it is under scvtn years of age. or is. by reason of insanity, or of immaturity. or of any other permanent or temporary incapacity, whether from intoxication or any other cause, unable tn understand the nature or consequences of the act to which he consents:

(bJ a consent shall be void if it is obtained by means of deceit or of duress:

(cl a consent shall be void if it is obtained by the undue exercise of any official, parental, or other authority; and any such authority which is exercised otherwise than in ~oml faith for the purposes for which it is allowed by law..,hall he deemed to be unduly exercised;

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(d) a consent given on behalf of a person by his parent, guardian or any other person authorized by law to give or refuse consent on his behalf, shall be void if it is given otherwise than in good faith for the benefit of the person on whose behalf it is given;

(e) a consent shall be of no effect if it is given by reason of a mistake of fact;

(J) a consent shall be deemed to have been obtained by means of deceit or of duress, or of the undue exercise of authority, or to have been given by reason of a mistake of fact, if it would have been refused but for such deceit, duress, exercise of authority or mistake, as the case may be; and

(g) for the purposes of this section, exercise of authority is not limited to exercise of authority by way of command, but includes influence or advice purporting to be used or given by virtue of an authority:

Provided that no person shall be prejudiced by the invalidity of any consent if he did not know, and could not by the exercise of reasonable diligence have known, of such invalidity.

16. A claim of right means a claim of right in good faith.

17. For the purposes of any provision of this Code by which any forgery, falsification or other unlawful act is punishable if used or done with intent to defraud, an intent to defraud means an intent to cause, by means of such forgery, falsification or other unlawful act, any gain capable of being measured in money, or the possibility of any such gain, to any person at the expense or to the loss of any other person.

18. (IJ Save as provided in this section, intoxication shall not constitute a defence to any criminal charge.

(2) Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that Such act or omission was wrong or did not know what he was doing and-

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CAP.l

Provision relating to claim of right

Provision relating to fraud (sees. 365)

Provisions relating to intoxication

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(al thL' state of intoxicati_on was caused without his consent by the malicious or negligent act of another person; or

1/, 1 the person charged was by reason of intoxication insane, temporarily or-otherwise, at the time of such act or omis- ~mn.

13 I Where the defence under the preceding sub section is established. then in a case falling under paragraph thereof the accused person shall be discharged, and in a case falling under paragraph (b). sections 181 and 182 of the Criminal Procedur(O Code shall apply.

(4 J Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any inten- tion. specific or otherwise, in the absence of which he would not be guilty of the offence.

(5) For the purposes of this section "intoxication" shall be deemed to include a state produced by narcotics or drugs.

19. 1I) In this Code, unless the context otherwise requires, .. threat"' means-

(ll) any threat of criminal force or harm; or

(h J any threat of criminal mischief to property; or

(c I any threat of libel or of slander; or

(ti) any threat that a person shall be prosecuted on a charge of having committed any offence whether the alleged offence is punishable under this Code or under any other law. and whether it has or has not been committed.

(2) Any expression in this Code referring to a threat shall also be deemed to include any offer to abstain from doing, or to procure any other person to abstain from doing, anything the threat of which is a threat of any of the kinds in this section bci\)rc mentioned.

(3) It is immaterial whether a threat be that the matter thereof shall be executed by the person using the threat, or against or in relation t,1 the person to whom the threat is used, or by, or against. or in relation to any other person.

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(4) It is immaterial whether a threat or offer be conveyed to any person by words, or by writing, or in any other manner, and whether it be conveyed directly, or through any other person, or in any other manner.

TITLE III

SPECIAL EXPLANATIONS RELATING TO CERTAIN OFFENCES

ASSAULT

20. (I) "Assault" includes-

(a) assault and battery;

(b) assault without actual battery; and

(2) Every assault is unlawful unless it is justified on one of the grounds mentioned in Title VIL of this Code.

21. (I) A person makes an assault and battery upon another person if, without the other person's consent, and with the intention of causing harm, pain, fear or annoyance to the other person, or of exciting him to anger, he forcibly touches the other person, or causes any person, animal or matter to forcibly touch him.

(2) This definition is subject to the following provisions-

(a) where the consent of the other person to be forcibly touched has been obtained by deceit, it suffices with respect to intention that the touch is intended to be such as to cause harm or pain, or is intended to be such as, but for the consent obtained by the deceit, would have been likely to cause fear or annoyance or to excite anger;

(b) where the other person is insensible, unconscious or insane, or is, by reason of infancy or any other circum- stance, unable to give or refuse consent, it suffices, with respect to intention, either that the touch is intended to cause harm, pain, fear or annoyance to him, or that the touch is intended to be such as would be likely to cause

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Different kinds of assault

Definition of and provision relating to assault and bottery

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harm, pain, fc:ar or annoyance to him, or to excite his anger. if he were able to give or refuse consent, J.nd were not consenting:

the sli~htest actual tnuch suffices for an assault and bat- tery. i!"the intention is such as is required by this section;

a person is touched. within the meaning of this section, _if his tmdy is touched. or if any clothes or other thmg m contact with his body or with the clothes upon his body are or is touched. although his body is not actually touched: anJ

for the purpose of this section, with respect to intention to cause harm. pain. fear or annoyance, It 1s 1mmatenal whether the intention be to cause the harm, pain, fear or annoyance by the force or manner of the touch_ itself, or to forcibly expose the person, or cause h~m to be exposed. to harm. pain, fear or annoyance trom any other cause.

22. 1I) A persnn makes an assault without actual battery on another person if, by any act apparently done in commencement of an assault and battery. he intentionally puts the other person in fear of an in:-.tant assault and battery.

(2) This definition is subject to the following provisions-

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it is not necessary that an actual assault and battery should be intended, or that the instrument or means by which the assault and battery is apparently intended to be nwde should be. or should by the person using them be believed to be. of such a kind or in such a condition as that an assault and battery could be made by means of them:

a persun can make an assault, within the meanin~ of this s~ctiun by moving, or causing any person, animal or matter to move. towards another person, although he, or the person. animal or matter is not yet within such a dis- tance from the other person as that an assault and battery can be maJc: and

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battery by retreating, or by consenting to do, or to abstain from doing, any act.

23. (I) A person imprisons another person if, intentionally and without the other person's consent, he detains the other per- son in a particular place, of whatever extent or character and whether enclosed or not, or compels him to move or be carried in any particular direction.

(2) This definition is subject to the following provisions, namely, that detention or compulsion may be constituted, within the meaning of fhis section, either by force or by any physical obstruction to a person's escape or by causing him to believe that he cannot depart from a place, or refuse to move or be car- ried in a particular direction, without overcoming force or incurring danger of harm, pain, and annoyance, or by causing him to believe that he is under legal arrest or by causing him to believe that he will immediately be imprisoned if he does not consent to do, or to abstain from doing, any act.

UNLAWFUL DAMAGE

24. "Damage" includes not only damage to the matter of a thing, but also any interruption of the use thereof, or any inter- ference therewith, by which the thing becomes permanently or temporarily useless, or by which expense is rendered necessary in order to render the thing fit for the purposes for which it was used or maintained.

25. (I) A person does an act or causes an event unlawfully, within the meaning of the provisions of this Code relating to unlawful damage, in any case in which he is liable to any civil action or proceeding, or to fine or other punishment under any law, in respect of his doing fhe act or causing the event or in respect of the consequences of the act or event, or in which he would be so liable if he caused the event directly by his own act or in which he is liable to be restrained by injunction or any other proceeding from doing the act or causing the event.

(2) It is immaterial whether a person accused of a crime in respect of any premises or thing be or be not in possession or occupation thereof.

CAP.1

Definition of and provisions relating to imprisonment

Definition of damage

Explanation of unlawful damage

P. I

lan.1ti,,n , amount ,1/ll;l.~<'

tmition 1,1 ahn~

fmuion of uduknl .':k·h llf,,

Cri111i11al Code

(3) A persun who is interes1ed jointly or in common with other pt·-rsons in any premises or thing as an owner or other~ wi:-.e. or who is owner thereof in trust for any other person, can be "uiltv of any crime punishable under the aforesaid provisions by ~n a:1 which is unlawful as hereinbefore mentioned.

(4) A person who is sole owner for his own benefit of any premises or thing can be guilty of any cri~e _punishab_Ie_ under the aforesaid provisions by an act done with mtent to miure or defraud any person or to cause hann to any person, although the act be not otherwise unlawful:

Provided that. notwithstanding anything contained in Title YI. of this Code as to mistake of law. a person shall not be liable to punishment under the aforesaid provisio?s in respect of his Joing any thing which. in good faith, he believes that he 1s entitled to do.

26. (I) Where an intention to cause damage to a certain amount_ nr a caw:,ing: of damage to a certain amount, is requi_re_d by anv enactment of this Code relating to unlawful damage, 1t 1s not n~cessary that damage to that amount should be_ intended or done tu any individual thing of a kind mentmned m such se~- tion. but it suffices if damage to that amount m the aggregate 1s intended or done. as the case may be, to any number or collec- tion of such things.

(2) Where different punishments are provided by any enact- ments of this Code relating to unlawful damage, according to differences in the amount of damage caused, a person who is accused of having attempted to cause damage to greater amount shall no! be acquitted or relieved from liability to the greater punishment on the ground that he actually caused damage to a les:-.cr amount.

STEALING, &c

27. A person is guilty of stealing if he dishonestly appropri- ate:,, a thing of which he is not the owner.

28. A pcrsun is guilty of fraudulent breach of trust i_f he dis- honestly appropriates a thing the ownership of which 1s vested in him a~ a trustee for any other per~on.

Criminal Code

29. (I) An appropriation of a thing is dishonest if it is made by a person without claim of right, and with a knowledge or belief that the appropriation is without the consent of some per- son for whom he is trustee or who is owner of the thing, as the case may be, or that the appropriation would, if known to any such person, be without his consent.

(2) It is not necessary, in order to constitute a dishonest appropriation of a thing, that the accused person should know who is the owner of the thing, but it suffices if he has reason to know or believe that some other person, whether certain or uncertain, is interested therein or entitled thereto, whether as owner in his own right, or by operation of law, or in any other manner; and any person so interested in or entitled to a thing is an owner thereof for all the purposes of the provisions of this Code relating to crintinal ntisappropriations and frauds.

(3) The general provisions of this Part with respect to con- sent, and with respect to the avoidance thereof by force, duress, incapacity, and otherwise, apply for the purposes of this section, except as is hereafter in this Title expressly mentioned with respect to deceit.

30. A person who is an owner of or interested in a thing, or in the amount, value or proceeds thereof, jointly or in common with another person or as a member of a company, or who is owner of a thing as a trustee for himself jointly or in common with another person or for a company of which he is a member, can be guilty of stealing or of fraudulent breach of trust in respect of the thing; and a person can be a clerk, servant, or officer of a company of which he is a member.

31. Where a person, being the owner of a thing in his own right and for his own benefit, undertakes to hold or apply the thing as a trustee for another person, he shall not be deemed thereby to become a trustee, within the meaning of the provi- sions of this Code relating to fraudulent breaches of trust, unless he has constituted himself such trustee by an instrument in writ- ing executed by him and specifying the nature of the trust and the persons to be benefited thereby.

CAP.1

Explanation as to dishonest appropriation

Provisions relating to part owners

Explanation asto a gratuitous trustee

'· I

:hi,·h lll,,,\ll

l[!J!l<>!l

ndHlll

.:<:I\ Ill!,'. and

Crimi,w/ Code

- - - - ----~----------- 32. 11) .An appropriation of a thing by ~ t~USl~e m~ans any

dcallll" with the thrng by the trustee, with a P rp se oJ depriv- e- · h 1 · t· the benefit of h'in!.! any per~on tor w om 1e ts tru~tee o 1s right, . . . roceeds 0or inten:'.st in the thmg. or 111 its value or P • r any Part

thereof.

('.'.) An appropriation of a thing in any other case means any

1i1ovinv takin1-.! obtaining, carrying away, or dealing With a"' ,. bed · thing. with a purpose that some person maY . _epnved of the bcnerit of his ownership. or of the benefit of his nght or interest in the thing. or in it1' value or proceeds. or anY part thereof.

(31 A purpose of deprival can be constituted _by a purpose of apprnpriating the thing temporarily or for a particular use, if the purpose is so to use or deal with the thing .th.at it probably Will be destroyed. or become useless or greatly injured or depreciat- ed. or t,; restore it to the owner only by way of sale or exchange. or for reward. or in substitution tor some other thing tu which he is otherwise entitled, or if it is pledged or pawned.

(41 It is immaterial whether the act by which a thing is taken obtained. or dealt with be or be not a trespass or a conversion' or be or b~ m>t in any manner unlawful otherwise than by rea~ son of ib being Jone with a purpose of disho~eSt appropriation~ and it is immaterial whether, before or at the tnne 0 _f doing such act. the accused person had or had not any possession, custody, or control of the thing.

33. ( 1) lf it is proved. on behalf of a person accused of hav- ing stolen a thing, that the owner thereof, ~r any person having authority to part with the ownership thereol, gave consent to the appropriation of it hy the accused person, then, although such con,ent ha, been obtained by deceit, the accused person shall not be dc·emcJ guilty of having stolen the thmg, but he may be con, ictcd of the crime of having defrauded by false pretences, if hi:-, acts amounted to such crime.

12) The consent to be proved by the accused person, for the purpose:-, of this section. i~ an unconditio~al consent to the immediate and final appropriation of the thmg by the accused per,on. by way <>f gift or barter, or of sale on credit, to the

an:u:-.cd pcr~on.

Criminal Code

34. If it · stolen

O is Proved, on behalf of a person accused of having

moneys r cornrnitted a fraudulent breach of trust in respect of the Panior

1 °1her things, that it was lawful for him to appropriate

he Was i~ ar moneys or other things, or any of them, and that he shall Y bound to account for the amount or valne thereof, which hnot be deemed guilty in respect of the moneys or things that he he has appropriated, unless proof is given against him est, or r: admitted that the appropriation of them was dishon- thern

O P of is given that he has concealed or absconded with

denied r Wllh the proceeds of them, or that he has concealed or close ; or attempted to conceal, or refused or omitted to dis- thern ccord1ng to his duty, the fact of the receipt or disposal of

,oritis d h kndisposal f ma e to appear t at he ew that the effect of the the am O them would be to disable him from accounting for

ount, value, or proceeds of them according to his duty.

35,(n( �f•. ing stolen it_ is proved, on behalf of a person accused of hav- sented . _a thmg, that the wife of the owner of the thing con-

erso 1~ Its appropriation by the accused person, the accused ihat hn t all not be convicted unless it is proved against him the a e ad nouce that the wife had no authority to consent to

PPropriation.

(2) If it a h h d . .mit d 1

ppears t at he a comnutted, or designed to com-

t : a u tery with the wife, he shall be deemed to have had such

no ice buth h . .b ' e s all not m such case be deemed gmlty of stealing ~,reason only of his appropriating, with the consent of the

wue, or of h's . 11· h ., . 1

1 ass1s ng t e wue to appropnate, any wearing a~~are of the wife, or any money or other thing of which the wt e IS apparently permitted to have the disposal for her own use.

b 36· 1

A person who appropriates a thing which appears to have een °st by another person is not guilty of stealing it, unless- (a) at the time of appropriating it, he knows who is the

owner of the thing or by whom it has been lost; or

(b) the character or situation of the thing, or the marks upon it, or any other circumstances is or are such as to indicate the owner of the thing or the person by whom it has been lost; or

CAP.I

Special provision as to money, &c. in cases of embezzle- ment

Consent by a wife in case of stealing

Explanation as to stealing of thing found

P. l

~~ Ill

~,.;\ uf h ~teal- !.:..:. l"Jl\ 11111nit1cJ

nition of mJmg 1bc ~uu.·~

lllllOll

'"·1~1on~ 111~ tn a

'. pr.:lClll'C

Criminal Code

(c) the character or situation of the thing, or the marks upon it or anv other circumstances is or are such as that the p~rson ~ho has lost the thing appears likely _to_ be able to recowr it by reasonable search and mqmry, 1f 1t were not removed or concealed by any other person.

37. Any of the crimes of stealing, fraudulent breach of trust, robbery, extortion, or defrauding by false pretences can be com- mitted in respect of anything, whether living or dead, and whether fixed to the soil or to any building or fixture, or not so fixed, and whether the thing is a mineral or water, or gas, or of anv other nature, and whether the value thereof is intrinsic or fo~ purposes of evidence, or is of value only for a particular pur- pose or to a particular person, and whether the value thereof does or does not amount to the value of the lowest denomina- tion of coin; and any document shall be deemed to be of some value, whether it is complete or incomplete, and whether or not it is satisfied. exhausted, or cancelled.

FALSE PRETENCES AND OTHER FRAUDS

38. A person is guilty of defrauding by false pretences if, by means of any false pretence, he obtains the consent of another person to part with or transfer the ownership of anything of which the crime of stealing can be committed.

39. ( l ) A false pretence is a representation of the existence of a state of facts made by a person, either with the knowledge that such representation is false or without the belief that it is true, and made with a purpose to defraud.

(2 J For the purposes of this section-

(a)

(b J

a representation may be made either by written or spo- ken words, or by personation, or by any other conduct, sign, or means, of whatsoever kind;

the expression " a representation of the existence of a state of facts" includes a representation as to the non- existence of any thing or condition of things, and a rep- resentation of any right, liability, authority, ability, digni- ty, or ground of credit or confidence as resulting from ,;ny alleged past facts or state of facts, but does not

Criminal Code

include a mere representation of any intention or state of mind in the person making the representation, nor any mere representation or promise that anything will happen or be done, or is likely to happen or be done;

(c) a consent shall not be deemed to have been obtained by a false representation as to the quality or value of a thing, unless, in the opinion of the Court, the thing is proved to have been substantially worthless for the purpose for which it is represented to be fit, or to have been substan- tially a different thing from that which it is represented to be; and

(d) subject to the foregoing rules, if the consent of a person is in fact obtained by a false pretence, it is immaterial that the pretence is such as would have had no effect on the mind of a person using ordinary care and judgment.

40. Personation means a false pretence or representation by a person that he is a different person, whether that different per- son be living or dead or be a fictitious person, and a person may be guilty of personation although he gives or uses his own name, if he does so with intent that he may be believed to be a different person of the same or of a similar name.

41. Where a person orders, or makes a bargain for the pur- chase of any goods or things by way of sale or exchange, and after obtaining the same, he makes default in payment of the purchase money or in rendering the goods or things to be ren- dered by him by way of such exchange, he shall be deemed to be guilty of defrauding or attempting to defraud, as the case may be, by false pretences, if the jury are satisfied...:....

(a) that at the time of giving the order or making the bar- gain, he purposed to make default as aforesaid; and

(b) that the order was given, or the bargain was made, for the purposes of fraud, and not in the course of any trade carried on in good faith:

Provided that no person shall be convicted under this section unless one or more of the following things is or are proved against him, namely-

CAP.I

Explanation as to personation

Provisions relating lO fictitious ttadmg

('. I

,)ll,::,{

j\Jln( �!

1, 1,-1,m~

;1ting t,, :UlJ'b (1>

ll:1111

llW"

Criminal Code

---- ---- ---------------------- (i) th•~~ '.n _giving the order or making the bargain, he

u,c a ialse name or address or a false reference, or 1ave as th -

le Ir": _ e address of his place of busmess an ,,d, css_ at Which he did not carry on busmess m good faah for the purposes of trade; or

tiiJ that ,he has sold, pledged, or pawned the goods or tlungs _so obtained by him, or some of them, under such cncumstances that it appears he obtained the goods or things only for the purpose of so dealmg with them_

RECEIVING

.J2. II) A person is guilty of dishonestly receiving a~y prop- erty which he knows_ to have been obtained or appropnated by anY crunc,_ Ii he receives, buys, or in any manner assists m the disposal ot the propeny otherwise than with a purpose to restore - t l th~ l)Wilt'f. II l

121 It i_s immaterial whether the crime by which the propeny was obtamcd or appropriated was or was not committed _w1thm the juri,d1cuon ot the Coun; and if the property was obtained or appropnateJ_ ~ey,'.nd the jurisdiction of the Court by an act _the doing ot which Withtn the jurisdict10n would be a cnme pumsh- able under this Code, such act is for the purposes of this sect10n equivaknt to a cnme punishable under this Code_

TITLE IV

ATTEMPTS TO COMMIT CRIMES

,J3. I I) A person who attempts to commit a crime by any means shall not be acquitted on the grounds that, by reason of the impcrfect1on or other condition of the means, or by reason of the circumstances under which they are used, or by reason of any circumstances affecting the person against whom, or the thing in respect of which the crime is intended to be committed, or by reason of the absence of such person or thing. the cnme could not be committed according to his intent.

i2) Whoever attempts to commit a crime shall, if the attempt is frustrated by reason only of accident or of circumstances or

I I I

Criminal Code

events independent of his wiJI, be deelll':d guilty of an attempt in the first degree and shall, except as m this Code otherwise expressly provided be punishable m the same manner as if the crime had been co~pJeted.

(3) Whoever is uiltY of an ~tt~mpt 0 ther than an attempt in the first degree shai\. except as_ 111

0 }s Co~e otherwise ex~ressly

provided, be liable to anY ktodeh Punishment to which he would have been liable if the ~nll1 act been completed; but the Court shall mitigate the pun1shrnent according to the circum- stances of the case.

(4) Where any act a111ounts toda_complete crime, as define~ by any provision of this Code, an_ is ltlso an attempt to conumt some other crime a person who is guilty of it shall be liable to be convicted and ~unished either under such provision or under this section,

(5) Any provision of this Code with respect to intent, exemp- tion, justification, or extenuation, or any other matter in the case of any act, shall apply with the necessary modifications, to the case of an attempt to do that act.

(6) The question whether an act done or omitted with intent to commit a crime is or is not only preparation for the commis- sion of that crime and too rernote to constitute an attempt to commit, is a questi,on of Jaw-

44. Whoever prepares or supplies,_ or has in his possession, custody, or control or in the possession, custody, or control of any other person ~n his behalf, any instruments, materials, or means, with a purpose that such instruments, materials, or means, may be used by him or by ~y other person, in commit- ting any forgery, or any crime relating to coin, shall be liable to punishment in like manner as if he had attempted to commit that crime; and any such instruments, _materials, or means shall be forfeited and applied as the Court drrects.

CAP. I

Preparation fo, committing crime. (sees. 308)

P. I

11.:nt of . and

""lun.:nt ·tt,,r

-"· 2-l-4 .J.5)

Criminal Code

TITLE V

ABETMENT AND CONSPIRACY

45. ( J) Whoever directly or indirectly, instigates, com- mands. cnunscls, procures, solicits, or in any manner purposely aids. facilitates. encourages, or promotes. whether by his act or presence or otherwise, and every person who does any act for the purpose of aiding, facilitating, encouraging, or promoting the cmnmission of a crime by any other person, whether known or unknown, certain or uncertain, is guilty of abetting that crime. and of abetting the other person in respect of that crime.

(21 WlH>ever abets a crime shall, if the crime is actually com- mitted in pursuance or during the continuance of the abetment, be deemed guilty of that crime.

(31 Whoever abets a crime shall, if the crime is not actually committed. be punishable as follows, that is to say-

(a)

lh)

if the commission of the crime is prevented by reason only of accident, or of circumstances or events indepen- dent of the will of the abettor. the abettor shall, where the crime abetted was murder, be liable to imprisonment for life, or shall where the crime abetted was any crime other than murder, be punishable in the same manner as if the crime had been actually committed in pursuance of the abctment;

in any other case the abettor shall, if the crime which he abetted was a felony, be deemed guilty of felony, or shall. if such crime was a misdemeanour, be deemed guilty of a misdemeanour.

(4 J Whoever abets a crime shall be punishable on indictment or on summary conviction. according as he would be punish- able for committing that crime.

(5) An abettor may be tried before, with, or after a person abetted. and although the person abetted is dead or is otherwise not amenable to justice.

(bl An abettor may be tried before, with, or after any other abcnor. whether he and such other abettor abetted each other in

Criminal Code

respect of the crime or not, and whether they abetted the same or different parts of the crime.

(7) An abettor shall have the benefit of any matter of exemp- tion, justification, or extenuation to which he is entitled under this Code, notwithstanding that the person abetted or any other abettor is not entitled to the like benefit.

(8) Whoever within the jurisdiction of the Courts, abets the doing beyond the jurisdiction of an act which, if done within the jurisdiction, would be a crime, shall be punishable as if he had abetted that crime.

46. (1) Where a person abets a particular crime, or abets a crime against or in respect of a particular person or thing, and the person abetted actually commits a different crime, or com- mits the crime against or in respect of a different person or thing, or in a manner different from that which was intended by the abettor, the following provisions shall have effect, that is to say-

(a) if it appears that the crime actually committed was not a probable consequence of the endeavour to commit, nor was substantially the same as the crime which the abettor intended to abet, nor was within the scope of the abet- ment, the abettor shall be punishable for his abetment of the crime which he intended to abet in the manner pro- vided by this Title with respect to the abetment of crimes which are not actually committed; and

(b) in any other case, the abettor shall be deemed to have abetted the crime which was actually committed, and shall be liable to punishment accordingly.

(2) If a person abets a riot or unlawful assembly, with the knowledge that unlawful violence is intended or is likely to be used, he is guilty of abetting violence of any kind or degree which is committed by any other person in executing the pur- poses of the riot or assembly, although he did not expressly intend to abet violence of that kind or degree.

47. Whoever knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent

CAP.I

Cases where one crime is abetted and a different crime is committed

Duty to prevent felony

I'. I

,hmcnl

pir,t,·)

nin;d J~ ,11

Criminal Code

the commission or completion thereof, is guilty of a misde- meanour.

48. ( I ) If two or more persons agree to act together with a common purpose in committing or abetting a crime, whether with or without any previous concert or deliberation, each of them is guilty of conspiracy to commit or abet that crime. as the case may he.

(2) A person within the jurisdiction of the Courts can be guilty of conspiracy by agreeing with another person who is beyond the jurisdiction for the commission or abetment of any crime to be committed by them or either of them, or by any other person. either within or beyond the jurisdiction; and for the purpo~es of this subsection as to a crime to be committed beyond the jurisdiction, ""crime"" means any act which, if done within the jurisdiction, would be a crime under this Code or under any other law.

49. ( I I If two or more persons are guilty of conspiracy for the commission or abetment of any crime, each of them shall, in case the crime is committed, be punished as for that crime according lo the provisions of this Code, or shall, in case the crime is not committed, be punished as if he had abetted that cnmc.

(2) Any Court having jurisdiction to try a person for a crime shall have jurisdiction to try a person or persons charged with con~piracy to commit or abet that crime.

TITLE VI

GENERAL EXEMPTIONS

50. (I) Nothing is a crime which is done by a person under seven years of age.

(2) Nothing is a crime which is done by a person of or above seven and under twelve years of age, who has not attained suffi- cient maturity of understanding to judge of the nature and con- sequences of his conduct in the matter in respect of which he is accused.

Criminal Code

51. A married woman committing an offence in the presence of her husband shall not be presumed to have committed it under his compulsion.

52. (I) A person shall not be punished for any act which, by reason of ignorance or mistake of fact in good faith, he believes to be lawful.

(2) A person shall not, except as in this Code otherwise expressly provided, be exempt from liability to punishment for any act on the ground of ignorance that such act is prohibited by law.

TITLE VII

JUSTIFIABLE FORCE AND HARM

53. (I) For the purposes of this Code, force or harm is justi- fiable which is used or caused in pursuance of such matter of justification, and within such limits, as are hereafter in this Title mentioned.

(2) Throughout the remainder of this Title, expressions applying to the use of force apply also to the causing of harm, although force only may be expressly mentioned.

54. Force may be justified in the cases and manner, and sub- ject to the conditions, hereafter in this Title mentioned, on the ground of either of the following matters, namely-

(a) express authority given by a statute; or

(b) authority to execute the lawful sentence or order of a Court; or

(d) authority to arrest, and detain for felony; or

(e) authority to arrest, detain or search a person otherwise than for felony; or

(f) necessity for prevention of or defence against crime; or

CAP.I

Criminal liability of married woman

Ignorance or mistake of fact or of law

Justification for force or

•=

Grounds on which force orhannmay be justified, within pre- scribed limits

•. 1

,, "'1hk ir harm

f foll'l' h,irit} Ute•

ffor.;l' ..::ulllJII Lo:n..::.: lll ofa

;Kc

r. orb) ,aJ or,, rily. for rvaun11 lt>r

twn. nr turc· elf

Criminal Code

(gJ necessity for defence of property or possession or for overcoming obstruction to the exercise of lawful rights; or

(!,) necessity for preserving order on board a vessel; or

(i) authority to correct a child, servant or other similar per- son. for misconduct; or

(j) the consent of the person against whom the force is used (save where otherwise expressly provided in this Code).

55. Notwithstanding the existence of any matter of justifica- tion for force. force cannot be justified as having been used in pursuance of that 1natter-

(a) which is in excess of the limits hereinafter prescribed in the section of this Title relating to that matter; or

(b) which in any case extends beyond the amount and kind of force reasonably necessary for the purpose for which force is p~nnitted to be used.

56. Whoever is authorized by the provision of any statute to use force may justify the use of necessary force according to the terms and conditions of his authority.

57. Whoever is authorized to execute any lawful sentence or order of a Court may justify the use of the force mentioned in the ~entence or order.

58. Whoever is authorized as a peace officer, or in any judi- cial m official capacity, to keep the peace or preserve order at any place, or to remove or exclude a person from any place. or to use force for any similar purpose. may justify the execution of his authority by any necessary force not extending to a blow, wound, or grievous harm.

59. (I) Any person may, with or without warrant or other legal process. arrest and detain another person who has commit- ted a felony. and may. if the other person, having notice or believing that he is accused of felony, avoids arrest by resis- tance or flight or escapes or endeavours to escape from custody, use any force which is necessary for his arrest, detention, or

Criminal Code

recapture, and may kill him, if he cannot by any means other- wise be arrested, detained, or retaken.

(2) Whoever is duly authorized by warrant or other legal process to arrest or detain a person for felony may, if that per- son has notice or believes that a warrant or other legal process is in force against him, justify any force which is necessary for his arrest, detention, or recapture, and may kill him, if he cannot by any means otherwise be arrested, detained or retaken. although in fact the felony has not been committed by the other person, or although in fact no felony has been committed.

60. Whoever has authority, by warrant or other legal process or under the provisions of any statute, to arrest, detain, or search another person otherwise than for felony, may justify any neces- sary force not extending to a blow, wound, or grievous harm, if the other person has notice or believes that the force is used by virtue of any such authority.

61. Where the arrest, detention, or search of a person is justi- fiable only on the authority of a warrant or other written process, if the person demands a view of the warrant or process, the use of force against him cannot be justified unless he is per- mitted to inspect the warrant or process, and he refuses to sub- mit to the authority thereof.

62. (!) For the prevention of, or for the defence of himself or any other person against any crime, a person may justify the use of necessary force, not extending to a blow, wound or griev- ous harm.

(2) For the prevention of, or for the defence of himself or any other person against any criminal force or harm, a person may justify the use of necessary force, not extending to a wound or grievous harm.

(3) For the prevention of, or for the defence of himself or any other person against any felony, a person may jnstify the use of necessary force not extending to dangerous harm.

(4) For the prevention of, or for the defence of himself or any other person against any of the following crimes, a person

CAP.I

Use of force to arrest, detain, or se=h • pe,son otherwise than for felony

Right of person arrested, &c. to inspect warrant

Use of force for prevention of or defence against crime

•. 1

.l'i7J

lf fol"L'l' _•fcth'l' ul 'rt} 1)]" "i~JOU. ,ir onun;_.?. u,·(illll nl n~hl

Criminal Code

may justify any necessary force or harm, extending, in case of extreme necessity, even to killing, namely-

(a) trca~on;

(hJ piracy:

le) murder;

(dJ manslaughter, except manslaughter by negligence;

l<'J robbery;

I}) burglary;

(g J house-breaking;

(/, J arson of a dwelling-house or vessel;

(iJ rape:

(j) forcible unnatural crime;

(k) dangerous or grievous harm.

15 J For the suppression or dispersion of a riotous or unlawful assembly. force may be justified in the cases and subject to the conditions specified in this Code with respect to such assem- blies.

(6) No force used in an unlawful fight can be justified under any provision of this Code: and every fight is_an unlawful fight in which a pe"on engages, or which he mamtams_, otherw_1se than solely in pursuance of some of the matters of JUSt1ficat10n specified in this Title.

63. A person may justify the use of force for the d_efence of property or possession, or for overcoming an obstruction to the exercise of any legal right, as follows:-

(a)

(/))

a person in actual possession of a house, land, ve_ssel, or goods. or his servant or any other person authonzed by J1im. may use such force, not extending to a wound or i.::ric-vou~ harm, as is necessary for repelling a person ~vho attempts forcibly and unlawfully to enter the house, land, or vessel, or to take possession of the goods;

a person in actual possession of a house: land, or_ vessel, ur his servant or any other person authonzed by htm may

Criminal Code

use such force, not extending to a blow, wound, or griev- ous harm, as is necessary for removing a person who, being in or on the house, land, or vessel, and having been lawfully required to depart therefrom refuses to depart;

(c) if a person wrongfully takes possession of or detains goods, any other person who, as against him, has a pre- sent right to the possession of them, may, upon his refusal to deliver up the goods on demand, use such force, by himself or by any other person, not extending to a blow, wound, or grievous harm, as is necessary for recovering possession of the goods; and

(d) a person may use such force, not extending to a blow, wound, or grievous harm, as is necessary for overcoming any obstruction or resistance to the exercise by him of any legal right.

64. The master of a vessel, or any person acting by his order, may justify the use of any such force against any person on board the vessel as is necessary for suppressing any mutiny or disorder on board the vessel, whether among officers, seamen, or passengers, whereby the safety of the vessel, or of any person therein or about to enter or quitting the same, is likely to be endangered, or the master is threatened to be subject to the commands of any other person; and may kill any person who is guilty of or abets such mutiny or disorder, if the safety of the vessel, or the preservation of any person as aforesaid, cannot by any means be otherwise secured.

65. A blow or other force, not in any case extending to a wound, or grievous harm, may be justified for the purpose of correction, as follows:-

(a) a parent may correct his or her legitimate or illegitimate child, being under sixteen years of age, or any guardian or person acting as a guardian, his ward, being under six- teen years of age, for misconduct or disobedience to any lawful command;

CAP.I

Use of force for preserving order on board a vessel

Use of force in correcting a child, servant, or other similar person for misconduct

. I

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( /,)

Cri111inal Code

a master may rnrrecl his servant or apprentice, being under sixteen years of age, for misconduct or default m his duty as such servant or apprentice;

(c) the master of a ship may correct any person on board his ship who is bound to perform any manual labour, for misconduct or disobedience to any lawful command;

(d) a parent or guardian, or a person acting as a guardian, may delegate to any person whom he or she entrusts per- manently or temporarily with the governance or custody of his or her child or ward all his or her own authonty fur correction including the power to determine in what cases correction ought lo be inflicted; and such a delega- tion shall be presumed. except in so far as it may be expressly withheld, in the case Ma schoolmaste~ or a person acting as a schoolmaster. m respect of a child or ward:

(c) a person who is authorized to inflict correction as in_this section mentioned may. in any particular case, delegate to any fit person the infliction of such correction; and

(j) no correction can be justified which is unreasonable in kind or in degree, regard being had to the age and ph_ysi- cal and mental condition of the person on whom 1t 1s intlicted: and no correction can be justified in the case of a person who, by reason of tender years or otherwise, is incapable of understanding the purpose for which 1t 1s intlicted.

66. The use of force against a person may be justified on the ground of his consent, subject as follows:-

(a)

(b J

the killing of a person cannot be justified on the ground of consent~

a wound or grievous harm cannot be justified on the ground of consent, unless the consent is given, and the wound or harm is caused, in good faith, for the purposes or in the course of medical or surgical treatment;

Criminal Code

any force which he uses with intent to cause harm to the other party;

(d) a person may revoke any consent which he has given to the use of force against him, and his consent when so revoked shall have no effect for justifying force:

Provided that the consent given by a husband or wife at mar- riage, for the purposes of marriage, cannot be revoked until the parties are divorced or separated by a judgment or decree of a competent Court;

(e) consent to the use of force for the purposes of medical or surgical treatment does not extend to any improper or negligent treatment;

(/) consent to the use of force against a person for purposes of medical or surgical treatment, or otherwise for his benefit, may be given against his will by his parent or guardian, or a person acting as his guardian if he is under eighteen years of age, or by any person lawfully having the custody of him if he is insane or is a prisoner in any prison or reformatory, and, when so given on his behalf, cannot be revoked by him; and

(g) if a person is intoxicated or insensible, or is from any cause unable to give or withhold consent, any force is justifiable which is used, in good faith and without negli- gence, for the purposes of medical or surgical treatment, or otherwise for his benefit, unless some person autho- rized by him or by law to give or refuse consent on his behalf dissents from the use of such force.

67. Whoever, in justifiably using force against another per- son, is obstructed or resisted by a third person, may in any case use such force against the third person, not extending to a blow, wound, or grievous harm, as is necessary for overcoming the obstruction or resistance; and may, if the obstruction or resis- tance amounts to a crime or to abetment of a crime, use force in accordance with the provisions of this Title with respect to the use of force in case of necessity for preventing crime.

CAP.1

Use of force against third person interfering in case of justifiable use of force

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l'lb..lli<lll

Criminal Code

<,8. Whoever is authorized to use force of a particular kind against a person may further use such additional force, not extending to a blow, wound, or grievous harm, as is necessary for the execution of his authority.

69. Whoever aids another person in a justifiable use of force is justified to the same extent and under the same conditions as the uth..:r person.

PART III

PUNISHMENTS

TITLE VIII

GENcRAL AND SPECIAL CASES

70. The following punishments may be inflicted under this Code:--

( I) death:

(2) imprisonment. including detention in an Industrial School as ddined in section 3 of this Ordinance:

(3) flogging:

(4) whipping:

(5) fine: and

(6) payment of compensation.

71. ( l I Any person who is convicted of an indictable offence may be adjudged by the Court to make compensation to any person injured by his offence.

(2) Any person who is convicted of a summary offence pun- ishable under this Code may be adjudged by the Court to make compensation, not exceeding five thousand dollars, to any per- son injured by his offence.

(3) Any such compensation may be either in addition to or in substitution for any other punishment.

Criminal Code

72. Where any person, injured by any assault punishable under this Code by a Magistrate, receives compensation for the injury under Order of the Court, or where the offender, having been ordered to make the compensation or to pay a fine or penalty, suffers imprisonment for non-payment thereof, or where any person, charged with assault before a Magistrate, receives a certificate of an order of dismissal, the receipt of the compensation or the undergoing of the penalty or the receipt of such certificate, as the case may be, shall be a bar to any action or proceeding for the same injury.

In other cases in which compensation is awarded by order under this Code, to the extent of the amount duly paid under such order, any claim of the person injured or of his representa- tives for damages sustained by reason of the crime shall be deemed to have been satisfied; but the order for payment of compensation shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.

73. (I) Where a crime is declared by this Code, or by any other statute to be a felony, and the punishment for it is not specified, a person convicted thereof shall be liable to imprison- ment for four years, or to a fine of seven thousand dollars, or to both.

(2) Where a crime is declared by this Code or by any other statute, to be a misdemeanour, and the punishment for it is not specified, a person convicted thereof shall be liable to imprison- ment for two years, or to a fine of four thousand dollars, or to both.

(3) Subject to the provisions of this Code or of any other statute relating to the crime, the Court before which any person is convicted of a crime may, in its discretion, sentence him to any less term of imprisonment than the term prescribed by this Code, or such other statute, for the crime.

(4) Subject to the provisions of this Code or of any other statute relating to the offence, the Court may, in its discretion, sentence any person convicted before it of an offence punish- able by penalty or fine, to any less penalty or fine than that pre- scribed by this Code, or such other statute, for the offence:

CAP.I

Effect of payment of compensation or imprison- ment for non-payment

General rules for punishment

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Criminal Code

Provided that no fine for the infringement of any Ordinance relating to the Revenue shall be reduced below the amount or proportion allowed in that behalf by the Ordinance specially relating thereto. except with the consent of the Governor- General.

74. A ••juvenile offender" for the purposes of this Title includes any offender who is proved to be, or in the absence of legal proof to the contrary appears to the Court to be, of or above the age of seven and under the age of sixteen years.

75. (I) A juvenile offender shall not be sentenced to flog- ging, but in lieu thereof he may be sentenced to be whipped.

(2) No sentence of !logging or whipping shall be passed upon a female of any age; but, in lieu of any such sentence, the Court may sentence a female to solitary confinement or any other such additional punishment as the law for the time being permits to be inflicted on a female for an offence against the rules of the prison.

(3J Flogging shall be with a cat of a pattern approved by the Governor-General and a sentence of !logging shall specify the number of strokes. which shall not exceed twelve.

(4) Whipping shall be with a light rod or cane or birch of tamarind or other twigs, and a sentence of whipping shall speci- fy the number of strokes, which shall not exceed twelve.

(5 J No person shall be sentenced to be flogged or whipped_ more than once for the same offence.

76. ( 1) Where a person is convicted of any indictable offence. the Court may. in its discretion. sentence him to a fine in addition to any other punishment to which he is sentenced.

(2) Where the amount of the fine which a person may be sen- tenced to pay upon conviction on indictment is not expressly limited. the amount of fine to which he may be sentenced shall be in the discretion of the Court.

77. If a person is convicted of felony and is sentenced to imprisonment for three years or more, the following conse-

Criminal Code

quences shall ensue, unless the Court otherwise orders, name- ly-

(a) any public office held by him within the jurisdiction of the Court shall forthwith become vacant: and

(b) any pension, superannuation allowance, or emolument payable to him out of the revenues of this state or out of any public fund, or chargeable on any rate or tax. and any according right to any such pension, allowance, or emolument, shall determine and be forfeited as from the time of the commission of the crime:

Provided that-

(i) none of the consequences mentioned in this section shall ensue in the case of a person who, at the time of committing the crime of which he is convicted, was a minor; and

(ii) in case the person receives a pardon. he shall there- by. unless the pardon otherwise directs. be relieved from all the consequences mentioned in this section. except as to any office or employment which, hav- ing been vacated under the provisions of this sec- tion, has been filled up before he receives the par- don.

78. (I) The Court before which a person is convicted may, according to the circumstances of the case and subject to the provisions of this Code with respect to flogging and whipping, substitute for a punishment assigned by this Code a different punishment, as follows:-

(a) In the case of manslaughter or of any misdemeanour, the Court may substitute a fine, which in the case of a sum- mary offence shall not exceed two thousand dollars;

(b) where a juvenile offender is convicted of any offence punishable by fine or imprisonment, the Court may sub- stitute whipping for the fine or imprisonment; and

(c) the Court before which a person is convicted of any offence may order that, in lieu of or in addition to any other punishment, he enter into his own recognizance,

CAP. I

Imposition of alternative punishments

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Criminal Code

with or without sureties. for keeping the peace and being of good behaviour; and that, in default of such recog- nizance or sureties. he be imprisoned, in addition to the tenn. if any, of imprisonment to which he is sentenced, for any term not exceeding six months in the case of a conviction before the Supreme Court, or three months in the case of a conviction before a Magistrate's Court, not exceedino in either case the term for which he is liable to

~ . be imprisoned for the offence of which he is convicted.

(2) Whenever a juvenile offender is convicted of any offence punishable by fine or imprisonment and in accordance with the power conferred by this section the Court subslltutes th_e pun- ishment of whipping in lieu of a fine or 1mpnsonment, 1I shall be lawful for the Court to order that the offender shall be detained in custody for not more than forty-eight hours until the punishment shall have been inflicted.

(3) (a) Where a person is convicted on indictment of an offence for which he is liable to be sentenced to imprisonment and it appears w Lhe Court-

(b)

(i) that the person is not less than ten nor more than sixteen years of age, and

(ii) that by reason of his criminal habits or tendencies, or association with persons of bad character, it is expedient that he should be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime, it shall be lawful for the Court, in lieu of passing a sentence of imprison- ment; to order that such person be sent to, and detained in, an Industrial School;

where a person is summarily convicted of any offence for which the Court has power to impose a sentence of imprisonment for one month or upwards without the option of a fine, and such a person is of an age or charac- ter by reason of which had he been convicted on indict- ment it would have been lawful for the Court to have ordered such person to be sent to, and detained in, an Industrial School in the manner aforesaid; and, further, it is proved that the offender has previously been convicted

Criminal Code

of any offence or, that having been previously placed on probation, he failed to observe a condition of his order; it shall be lawful for the Court, in lieu of passing a sen- tence of imprisonment, to order that such person be sent to, and detained in, an Industrial School: Provided that before making such order as aforesaid the Court shall ensure that adequate accommodation is available at the Industrial School at which it is proposed to detain the offender.

(c) the detention order shall specify the time for which the juvenile offender is to be detained, being not less than two years or more than five years, but not in any case extending beyond the date on which such person will, in the opinion of the Court, attain the age of eighteen years;

(d) (i) the person by whom any offender ordered to be sent to an Industrial School is detained shall with the least possible delay deliver him into the custody of the constable responsible for his conveyance to the school, who shall deliver him to the superintendent or other person in charge of the school in which he is to be detained, together with the order in pur- suance of which the offender was detained and is sent to the school;

(ii) the detention order in p11rsuance of which the offender is sent to an Industrial School shall be a sufficient authority for his conveyance to and deten- tion in the school.

(e) every offender who is ordered by the Court to be sent to and detained in an Industrial School in the manner afore- said shall be deemed to have been so detained from the date of conviction unless the Court shall otherwise direct;

(fJ every offender ordered to be detained in an Industrial School outside the state of Grenada shall be in every way subject to the laws of the state in which such Industrial School is situated in a like manner as if he had been ordered to be detained in such Industrial School by a court of competent jurisdiction in such state.

CAP.I

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Criminal Code

(g J where an offender has been sentenced to imprisonment, and has been pardoned by Her Majesty on condition of his placing himself under the care of some charitable institution for the reception and reformation of such offenders, the Governor-General may direct him, if under the age of sixteen years, to be sent to an Industrial School for a period of not less than two and not more than five years, but not in any case extending beyond the time when he will, in the opinion of the Governor- General, attain the age of eighteen years; and thereupon the offender shall be subject to all the provisions of this section as if he had been originally sentenced to deten- tion in an Industrial School.

78A. ( I ) The Governor-General may from time to time, by order, declare any premises to be an industrial school for the industrial training of children, whether convicted or not, and in which children are to be lodged, fed, clothed and taught.

(2J The Governor-General may make rules for the govern- ment of an industrial school and for the conduct and duties of the officers and for the diet, clothing, maintenance, education and discipline of the children.

78B. The order of the Court by which a person is ordered to be detained in an industrial school shall be in the form of the Schedule to the Ordinance, or to the like effect.

SCHEDULE (Section 78B)

GRENADA

In lhe Supreme Court of Grenada and the West Indies Associated States

DETENTION ORDER, INDUSTRIAL SCHOOL

TO: The Keeper of the Industrial School

In pursuanct~ of the provisions of paragraph ................ of subsection (3) of section 78 of the Criminal Code, I the undersigned do order that

.. hcing a person apparently of the age of ............... years be sent to the industrial school and that he be there detained for a period of * .. years or until he attains the age of eighteen years or until he shall soon(T he lawfully allowed to depart from such school.

Criminal Code

This order sh;,!! take effect from the ..................... day of ..................... 19.... ..

Given under my hand at St. George's this ............ day of ..................... 19..... .

.................................................... Chief Justice

.................................................... Puisne Judge

* Strike out part not applicable.

(Being not less than two years nor more than five years, but in no case extending beyond the date on which such person will, in the opinion of the Court, attain the age of eighteen years).

79. (1) Where a person, having been convicted of crime, is again convicted of crime, he shall be liable to increased punish- ment in the cases and manner provided in Part L of the Table annexed to this section and the notes thereto:

Provided that-

(a) a previous conviction shall not be admitted in evidence against a person for the purpose of increasing his punish- ment, except within the period specified in Part II. of the said Table after the expiration or execution of the sen- tence passed upon that previous conviction, or of any sentence into which that sentence has been commuted;

(b) nothing in this section, or in the said Table, shall exempt a person from any liability to which he may be subject under this Code to death or to any greater or other pun- ishment than the punishment mentioned in the said Table, and any flogging or other different punishment to which he is liable under this Code may be inflicted in addition to the punishments mentioned in the said Table; and

(c) nothing in this section or in the said Table, shall apply to libel, or to any act which is a crime on the ground of negligence.

(2) Where a person after conviction for a crime is convicted of a different crime, either before sentence is passed upon him under the first conviction or before the expiration of that sen- tence, any sentence, other than a sentence of death or of flog- gmg or whipping, which is passed upon him under the subse- quent conviction, shall be executed after the expiration of the

CAP.I

Increase of punishment on repetition of crime; and execution of sentence where fonncr tennof imprisonment unexpired

' 1 Criminal Code

~~ - - -- ----- -------~------------------------- - • . - hall be execut- 1ormcr sentence. unless the Court directs that it s f cu in lieu of the fonncr sentence or of any part thereo ·

. . _ . . ,nitted by h. (31 A conv1ct10n ot a person tor a crirne corn b . d . 1rn

before attaining the age of eighteen years shall not. eg ,ht. rnnted . . . h. 1· ti • f . creas1n is pun111 evidence against 1111 or 11:: purpose O 1n - ishment after he has attained the age of twentY years-

TABLE. - PART J

SCAI.l' OF INCREASED PtrNlSHMENTS FOR REPETITION OF CRIME

r-:aiun: ,,f Convi~·1ion N;iluri: of previou:, C'ovictions.

Sutl\lllJl"}" dlll\'J<.:!IOO for Summary l"Onviction for 3 si1rnlar crime.

Convi.-tion °_n indictment for a smular cnme.

Com·1n1011 or mdicuncnt 1~1r D1i. crillll" puni~hahk by 1mpri~- onnwnt for one year

Con\'il"lh.111 nn inJ1.:inwnc for Do. ..:rime pum~hahk hy impri~- onment for cwn Yl'ar~ or ll}Ofl".

punishment to be Substituted for the p~ms~me11t

entioned 1n tn1s Code.~-rrnpris_onment f ~or t~ice the rnaxunurn o unpnsonmem which might otherwise be . inflicted.

Jrnprisonment for one_year in addition to_ the. punishment mentioned 1n this Code

po.

Iniprison~enl for two years in add1ton .10 the punish- ment mentior,ed in this code.

Norn TO PART I. OF TH!S TABLE-

( I) In this Tahh:. and in notes thereto, expressions referring to any crime include attempts to commit and abctments of such crin1e.

t2J Where a person has, in any part of Her Majesty's Domi~ions beyond the jurisdiction of the Courts, been convicted of felony c0 '?~1tted or com- mcw.:ed bdon.· tht: commencement of this Code, such convicuon shall have the same effect as if it had taken place under this Code.

t3 J Anv crime which is punishable under a Title of this Code .is similar to every oth~r crime punishable under the same Title. And any cnme pun~sh- ablc um.kr anv of the Titles XVI. to XVIII. is similar to every other cnme punishabk under any of those Titles; and any crime punish~ble under any of the Titles XX. to XXlll. is similar to every other crime pumshable under any of those Titles.

Criminal Code

PARTII

PERIODS WITHIN WHICH A CONVICTION MAY BE GIVEN IN EVIDENCE

Narurc of conviction.

Any summary conviction.

A conviction upon indictment for any crime for which a sentence of imprisonment with hard labour for three years or more has not been passed.

A conviction upon indictment for any crime for which a sentence of imprisonment with hard labour for three years or more has been passed.

Within what period after the Execution of the Sentence the Conviction

may be given in evidence.

A period of one year.

A period of three years, exclusive of any term of imprisonment suffered after the com- mencement of the period under any other conviction.

A period of ten years, exclusive of any term of imprisonment with or without hard labour after the commencement of the period under any other conviction.

80. With respect to cases where one act constitutes several crimes, or where several acts are done in execution of one crim- inal purpose, the following provisions shall have effect, that is to say-

(I) where a person does several acts against or in respect of one person or thing, each of which acts is a crime, but the whole of which acts are done in execution of the same design, and, in the opinion of the Court before which the person is tried, form one continuous transaction, the person may be pun- ished for the whole of such acts as one crime or for any one or several of such acts as one crime, and all the acts may be taken into consideration in awarding punishment, but he shall not be liable to separate punishments as for several crimes; and

(2) if a person by one act assaults, harms or kills several per- sons, or in any manner causes injury to several persons or things, he shall be punishable only in respect of one of the per- sons so assaulted, harmed, or killed, or of the persons or things to which injury is so caused, but in awarding punishment the Court may take into consideration all the intended or probable consequences of the crime.

CAP.I

Cases where one act constitutes :;everal crimes, or where several acts are done in execution of one criminal pwpose

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Criminal Code

BOOK II

SUMMARY OFFENCES

PART IV

OFFENCES AGAINST THE PERSON

TITLE IX

ASSAULTS AND CRIMINAL HARM

ASSAULTS

81. (l J Whoever unlawfully assaults any person shall be liable to imprisonment for three months, or to a fine of one thousand dollars, or to both;

(2) Where any person is convicted of an assault upon any child whose age does not, in the opinion of the Court. exceed fourteen years, or upon any female, and the assault is, in the opinion of the Court, of such an aggravated nature that it cannot be sufficiently punished under the provisions of subsection (1) thereof. the person shall be liable to imprisonment for six months, or to a fine of two thousand dollars, or to both.

CRIMINAL HARM

82. (I) Whoever intentionally and unlawfully causes harm to any person shall be liable to imprisonment for one year, or to a fine of three thousand dollars, or to both.

(2) Whoever intentionally and unlawfully causes a wound to any person ,hall be liable to imprisonment for two years, or to a fine of four thousand dollars, or to both.

(3) Whoever negligently and unlawfully causes harm to any person shall be liable to imprisonment for six months, or to a fine of Iwo thousand dollars, or to both.

(4) If. upon the hearing of any complaint for an offence under this section. it appears to the Court that such offence can-

Criminal Code

not be sufficiently punished under the provisions of this section, all further proceedings thereon as for a summary offence shall be stayed, and depositions shall be taken, and the case shall in all other. respects be dealt with as if the charge had been origi- nally one for an indictable offence.

PARTY

OFFENCES AGAINST RIGIITS OF PROPERTY

TITLEX

MISCHIEF TO PROPERTY

83. Whoever intentionally and unlawfully kills, maims, or wounds any cattle, the value of the animal killed, maimed, or wounded not exceeding four dollars and eighty cents, or causes any damage not exceeding twenty-four dollars to any cattle, shall be liable to imprisonment for three months.

84. Whoever intentionally and unlawfully kills, maims, or wounds any animal, not being cattle, which is of some value, and which is and appears tamed or domesticated or is in a state of actual confinement, shall be liable to imprisonment for two months.

85. Whoever intentionally and unlawfully takes or destroys any fish in any water which is private property shall be liable to a fine of twenty-four dollars.

86. Whoever intentionally and unlawfully catches, takes, or drives, or attempts to catch, or drive, any cattle from or out of any pasture, enclosure, stable, or other place, for the purpose of riding it, or of using it in the carrying of any load or burden or in the drawing of any cart or carriage, or for the purpose of set- ting it loose or of driving it about, or for any other unlawful or mischievous purpose, without the consent of the owner or of the person entrusted with the charge thereof, and without having any probable claim or pretence of title thereto, shall be liable to a fine of twenty-four dollars.

,:IQ

CAP.1

Dartlage to cattle (sees. 269)

Damage to animal, not being cattle

Taking or destroying fish in private Wale,

Taking and using cattle, &c., without consent of owner

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Criminal Code

87- (I) Whoever intentionally and unlawfully causes dam- .1~e not aceecting four dollars and eighty cents to any tree ;,;owing in any public place or in any private garden or pleasure ground, or dallJage not exceeding twenty-four dollars to any tree groWI~~- 111 any other place, shall be liable to imprisonment for SIX \\ (' s.

(2l Wlrnever intentionally and unlawfully causes damage exceeding lour dollars and eighty cents to any tree growing in anY public place or in any private garden or pleasure ground, or. Ja(llage exceeding twenty-four dollars to any tree growing in anY other place, shall be liable to imprisonment for three months.

88. (l) Whoever intentionally and unlawfully causes dam- age 1HJI exceeding twenty-four cents to any cultivated plant shall, ii the same is growing in any public or private garden or pleasure gniund or in any building be liable to imprisonment for six weeks, or 1f the same is growing elsewhere, be liable to imprisonment for one month.

(2) Whoever intentionally and unlawfully causes damage exceeding twenty-four cents to any cultivated plant, shall, if the same is growing in any public or private garden or pleasure ground or Ill any building, be liable to imprisonment for two months. or shall. if the same is growing elsewhere be liable to imprisonment for one month.

89. Whoever intentionally and unlawfully destroys or dam- ages any Part of any live or dead fence whatsoever, or any post, pale. rail, or wire used as a fence, or any stile or gate, or any part thereof respectively. shall be liable to a fine of nine dollars anJ sixty cents.

90. Whoever intentionally and unlawfully-

(<1) throws any substance poisonous to fish into any river, or stream, in order to poison or stupefy the fish therein;

(/J) turns or obstructs any river or stream, for the purpose of taking or destroying fish;

Criminal Code

the sea, for the purpose of Poisoning, stupefying, laking, or destroying any fish;

(a) uses dynamite or other explosive substance to catch or destroy fish in any river or stream·

• shall be liable to imprisonment for two months-

91. Whoever intentionally and unlawfullY damages, destroys, or takes away any net, crawl pol, or other apparatus of any other person, being or set in th; sea, or 1n ~y nver, or stream, for the purpose of catching, taking, or keepmg tunle or fish, or any turtle or fish caught or being in anY net, crawl, pot, or other apparatus of any other person, being or set as aforesaid, shall be liable to a fine of twenty-four dollars.

92. Eyery artificer, workman, journeyman, apprentice, ser- vant, or labourer who intentionally and unlawfully ~arnages, spoils, or destroys any goods, wares, work. or matenals com- mitted to his care and charge, without the consent of the person by whom he is hired, retained, or employed, the dam_age done being less than twenty-four dollars in value shall be hable to a fine of forty-eight dollars.

93. Whoever intentionally and unlawfully in any way com- mits any trespass upon, damages, spoils, or destroys anything bel?nging to or in the possession of any other _person or to which any other person has the right of possess10n, notwith- standing such thing is not of any pecuniary or saleabl~ Value, or of any value whatever except to the person to whom II belongs, or in whose possession it is, or in whom exists the nght of pos- session, s?all be liable to a fine of twenty-four dollars, 3;lthough no pecumary damage to any such thing may be comnutted by the person so offending.

94. (I) Whoever intentionally and unlawfully causes darn- age not exceeding twenty-four cents to any land, or to any ani- mal or thing, in any case not specially provided for in this Title, shall be liable to a fine of nine dollars and sixty cents.

(2) Whoever intentionally and unlawfully causes damage exceeding twenty-four cents to any land, or to any animal or

CAP.I

Damage to apparatus set to catch turtle or fish, or tunle or fish caught in ,amo

Damage by artificer. &c., to goods committed to bis care

Trespass or damage although no pecuniary damage caused

Damages in cases not provided for (sees. 271)

. 1

lg Ill I.:.;~~·~

275)

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thing, in any case not specially provided for in this Title, shall be liable lo imprisonment for three months.

TITLEXI

MlSAPPRUPRlATlONS AND FRAUDS

STEALING

95. (I) Whoever steals anything, the value of which does not exceed five thousand dollars, such stealing not being accompanied by house-breaking or burglary, nor amounting to robbery, shall be liable lO imprisonment for one year. or to a fine of three thousand dollars, or to both.

(2) Whoever is convicted of-

(a) any of the undermentioned offences, where the value of the property alleged to have been stolen or obtained does not exceed the sum of five thousand dollars, namely, any of the offeni.:e~ following~

(i) stealing anything of which he had the custody, con- trol or possession, or to which he had the means of access, by reason of any office, employment, or ser- vH.:e~

tiiJ stealing from or in any dwelling-house, shop, garage, manufactory, warehouse, or vessel;

(iii) stealing any goats or swine;

(iv J committing a fraudulent breach of trust, or

(bJ any attempt to commit any of the offences herein referred to; or

(,·) any abctmcnt, or conspiracy for the commission, of any of the said offences:

shall he liable to imprisonment for one year, or to a fine of three thousand dollars, or to both, and whether with or without flog- ging or whipping in respect of any offences for which flogging ur whipping may he lawfully inflicted.

Criminal Code

(3) Whoever is convicted of stealing from the person, or of attempting to steal from the person, or of abetting or conspiring to steal from the person; where the value of the property that is the subjc,ct of the offence under this subsection does not exceed the sum of three thousand dollars, shall be liable to imprison- ment for two years, or to a fine of four thousand dollars, or to both, and whether with or without flogging or whipping in respect of any offences for which flogging and whipping may be lawfully inflicted.

96. (1) Whoever takes possession of anything which appears to be of some value, and to have been lost by another person shall within forty-eight hours, or so soon as may be reasonably practicable, after taking possession of it, deliver it to the owner or to a Magistrate or police constable or other person by law authorized to receive it.

(2) Whoever makes default in obeying the provisions of this section shall be liable to imprisonment for one month.

(3) Nothing in this section shall exempt a person from any liability to punishment as for stealing or receiving, if he does an act amounting to either of the said offences.

97. (1) Whoever fraudulently obtains from any other person, by any false pretence, anything to the value of which does not exceed two thousand dollars, shall be liable to imprisonment for one year, or to a fine of two thousand dollars, or to both.

(2) Whoever obtains credit, the value of which does not exceed two thousand dollars, by any fraud or false pretence, shall be liable to imprisonment for one year, or to a fme of three thousand dollars, or to both.

(3) Whoever fraudulently issues a cheque for the purpose of obtaining credit, or in purported satisfaction of a debt, or for the purpose of obtaining any other thing, where the credit, debt or other thing is of a value not exceeding two thousand dollars when he knows or ought to know that there are not sufficient funds in the account regarding which he issues the cheque, shall be liable to imprisonment for one year, or to a fine of three thousand dollars, or to both.

CAP.I

SteaJing from lhe person I,,. s. 275 Id))

Provision as to thing found

Fraud by false pretence (sees. 279)

Obtaining credit by fraud or false pretence (sees. 283)

Obtaining credit by purportedly satisfying debt, or obtaining any other thing by fraudulently issuing cheque without suffi~ cent funds (sees. 283(2))

'. l

lS lo

on.-stly ,·ing

in,•J or l~priatc<l rLnll.' s. 2871

Ill~ ,,•~,l<lll

1ing ,on.1hl) Jl'rtcd ,,1 ing hel'll ,;'ll

Criminal Code

98. Whoever does any of the following acts shall be liable to imprisonment for three months, namely-

(a) transfers to any other person, or accepts from any other person, any ticket or pass for travelling in any vessel or on any conveyance knowing that such ticket or pass 1s not 1ransferable;

(b) accepts or offers to accept any money or other property for or on pretence of using any kind of witchcraft, sor- cery, enchantment, or conjuration, or art of tellmg for- tunes:

(dl makes. gives, or uses any certificate or testin1onial of health, sickness, character, qualification, or competency knowing the same to be false in any material particular; or

(e J knowingly makes any false return or statement of any matter as to which he is required by law to make a return or statement.

RECEIVING

99. Whoever dishonestly receives anything which he knows to have been obtained or appropriated by any crime and the value of which does not exceed two thousand dollars, shall be liable to imprisonment for one year, or to a fine of three thou- sand dollars, or to both.

UNLAWFUL POSSESSION

100. (1 J Whoever is brought before the Court charged V.:ith havino in his possession or conveying in any manner anythmg which" is reasonably suspected of having been stolen or unlaw- fully obtained, and who does not give an account, to the satis- faction of the Court. as to how he came by the same, shall be liable to imprisonment for three months.

(21 Where any person is brought before the Court charged with having in his possession or conveying in any manner_ any- thing which has been stolen or unlawfully obtamed or which 1s

Criminal Code

reasonably suspected of having been stolen or unlawfully obtained, and declares that he received the same from some other person, or that he was employed as a carrier, agent, or ser- vant, or to convey the same for some other person, the Court shall, if practicable, cause every such other person, and also, if necessary, every former or pretended purchaser, or other person through whose possession such thing as aforesaid has passed, to be brought before it, and shall examine witnesses upon oath touching the same; and if it appears to the Court that any person so brought before it has had possession of such thing and had reasonable cause to believe the same to have been stolen or unlawfully obtained, every such person shall be deemed to have had possession of such thing at the time and place when and where the same was found or seized, and shall be liable to imprisonment for three months.

(3) The possession of a carrier, agent, or servant shall be deemed :to be the possession of the person who employed such carrier, agent, or servant to convey such thing, and such person shall, if he had such reasonable cause for belief as aforesaid, be liable to the punishment hereinbefore mentioned.

101. If any cattle, or the carcass, head, skin, or any part thereof, is found in the possession or on the premises of any person, and if the person does not satisfy the Court that he came lawfully by the cattle, or carcass, head, skin, or other part there- of he shall be liable to a fine of ninety-six dollars.

102. If the whole or any part of any tree, plant, root, or fruit, or any part of any live or dead fence, or any post, pale, rail, wire, stile, or gate or any part thereof respectively, is found in the possession or on the premises of any person with his knowl- edge, and if the person does not satisfy the Court that he came lawfully by the same, he shall be liable to a fine of twenty-four dollars, and, being convicted a second or any subsequent time of any such offence, shall be liable to imprisonment for three months.

103. Whoever is found in or upon any warehouse, shop, store, wharf, quay, or landing-place, or on the beach, or on board of any vessel, having in his possession any tube, quill, or other instrument for the purpose of unlawfully obtaining any

CAP.1

UnlawfuJ possession of cattle or part thereof

Unlawful possession of tree, &c.

Having pos- session of instrument for unlawful- ly obtaining wine, &c.

>. l

,l.'<'p.:r g m.:iaL

li~·au<1n ~finiuons 1th: XXJJI

11m fabt' !l"J;ll, &c

Criminal Code

wine. spirits. or other liquors, or having in his possession any skin. bladder. or other material or utensil for the purpose of unlawfully secreting or carrying away any wine, spirits, or other liquors, shall be liable to imprisonment for three months.

104. Every shopkeeper or trader who purchases, or takes in exchange from any person, any brass, pewter, tin, copper, or other metal, not being of the current coin of the state shall make a true entry in some book kept by him for that purpose of the name and address of the person from whom he received the metal, the quantity, weight, and nature of the metal, the place whence it was procured or alleged to be procured by that per- son, the price or equivalent paid or given for it, and the date of purchase or exchange; which book shall be produced to the Permanent Secretary Finance before clearing any vessel having the metal on board for exportation and shall also be produced to the Chief of Police at all reasonable hours of the day when he r~quires it.

Whoever offends against any of the provisions of this section shall be liable to imprisonment for three months.

TITLE XII

FORGERY AND FALSE COIN

105. The definitions and special provisions contained in Title XXlll. of this Code shall be deemed to apply to this Title so far as they are appropriate thereto.

106. Whoever commits either of the following acts, with intent to aggrieve or annoy any person, shall be liable to a fine of twemy-four dollars, that is to say-

(iJ knowingly sends any false telegram to any person; or

(ii) signs the name of any other person to any petition, prospectus, or testimonial, knowing that he has no authority for so doing.

Criminal Code

_ 107. (I) Whoever forges 0: ::!fully and without due author- ity alters a teJeg aJil or utter elegram knowing the same to

r ' 'thout dbe forged or WilfullY and WI 1

ue authority altered, or who transmits by telegraph as a t_e ~g~m, or utters as a telegram, any message or comrnunical1° d hich he knows to be not a telegram, shall whether he ha d0 ~ had not an intent to defraud, be liable to a fi~e of ninety-six O ars.

(2) If upon the hearing of a~y complaint for an offence under this section it appears to the houn th~t such offence cannot be sufficiently punished under t ~ provisions of this section, all further proceedings (hereon as or a summary offence shall be stayed, and depositions s_hall ~ftaken, and the case shall in all other respects be dealt with as I the charge had been originally one for an indictable offence.

108. Whoever tenders, utters, ?r puts off any of the Queen's current gold, silver or copper com Which has been defaced by stamping thereon ::Uy naJile or Word, whether the coin has or has not been thereby diminished or lightened, shall be liable to a fine of fourteen dollars and forty cents:

Provided that a prosecution for an offence under this section shall not be instituted except by the Attorney General or with his consent.

109. (I) Where any coin is tendered as the Queen's current gold or silver coin to any person Who suspects it to be dimin- ished otherwise than by reasonable Wearing or to be counterfeit, it shall be lawful for such person to cut, break, bend, or deface such coin.

(2) If any coin so cut, broken, bent, or defaced appears to be diminished otherwise than by reasonable wearing or to be coun- terfeit, the person tendering it shall bear the loss thereof: but if it is of due weight and appears to be a lawful coin, the person cutting, breaking, bending or defacing it shall receive it at the rate it was coined for.

(3) If any dispute arises whether the coin so cut broken, bent, or defaced is diminished in manner aforesaid or counterfeit, the same shall be heard and finally determined in a summary man- ner by any Magistrate, who may examine upon oath as well the

CAP.I

Forging, &c., telegram (sees. 305)

Uttering defaced coin

Mode of dealing with suspected coin when tendered in payment

. l

,r r \\'Uh rf.:11 h..:11 .:red in .1-:~-.

3()7)

·mg: ~~-~~inn of <.' lhan

'j)l<.'c',:~ ol llkrku :ight (om,

Criminal Code

----- -- _ 11 -,,s as anY other person in order to arrive at the decision of

1,-11 ' -, ·h Jispute- sUl.:

110• ( 11 If _any person finds or discovers, _in any place, or in . -ustodY 01 P0 ssession of any person havmg the same w1th-

th' • I ,uthc, · f J t rf ·1 · 1

Jawfu ' rny ur excuse, any a se or coun e e1 com 0:,e,nbling, ~r ~PParently intended to resemble_or pass for,_ any r : 1 , Queen 'current gold silver or copper com or any com of)it w . , , ' , foreign pnnce, state or country, or any instrument, tool, or an) -,,e whatsoever adapted and intended for the counterfeiting cnt'l - .

r".inY such coin, or any filings or clippings, or any gold or sil- o, bullion, or any gold or silver in dust, solutton, or otherw1se, v~hr_ ·h 11as been produced or obtained by diminishing or lighten- " IC - I Q - - hing anY ol t ~~ , uee_n's current gold or silver com, t e p~rson so - Jing or dIScuvenng shall seize the same, and carry 11 forth- tin 1· -• sonp M -with be otc · e ag1strate.

(2 ) Where any such false or counterfeit coin, or any such - ·tru111ent. tool, or engine. or any such machme, or any such 1ns - - ld ·1 . dfiliJl~!'>. chppmgs, or bullion, or any such go or s1 ver m _ust, soiulion. or otl~crwise. as aforesaid, is or are in any case seized ~nd carried bclore a Magistrate, he shall, if necessary, cause the . ,ne 10 be secured for the purpose of bemg produced m ev1-

w · dfJenee agatn_st any person who may be prosecute ?r a?y offence rclatmg to coin; and all such false and counterfeit com, and all such instruments. tools, and engmes, and all such

achincs. and all such filings, clippings. and bullion, and all m d · · f ·ctsuch gold an silver in dust. solution. or otherwise, as a oresa1 , '.,ftcr they have been produced in evidence, or when the_y have been seized_ and are not required to be produced m evidence, shall be forle1ted and applied as the Court d1rects.

11 J. Whoever, without lawful authority or excuse (the proof whereof shall lie on him), has in his custody or possession any greater number of pieces than five pieces of false or counterfeit coin resembling. or apparently intended to resemble or pass for, any gold or_ silver coin of any foreign prince state, _or country, or any kind ol com not being the Queen s current com, but resem- bling. or apparently intended to resemble or pass for, any cop- per coin, or any other coin made of any metal or !lllxed metals, of ]css value than the silver coin of any foreign pnnce, state, or country. ,hall. on being convicted thereof. forfeit all such false

Criminal Code

and counterfeit loin (which shall be cut in pieces or otherwise destroyed b\.0~

1 er of any Magistrate), and shall, for every such

offence, be rn e to a fine of nine dollars and sixty. cents for every such piece of false and counterfeit coin which is found in his custody or possession.

DR,lJMl,1ING AND FIRING GUNS, &c

112. (1l E~ery Occupier of any house, building, yard or other place situate 1f any town, who, without a licence in writing frorn the Chte of Police, Town Warden, or a Magistrate, per- mits anY persons to assemble and beat or play or dance therein to anY drum, gong, tom-tom, or other similar instrument of music, shall be hable to a fine of nine dollars and sixty cents.

(2) It shall be lawful for any constable upon the complaint of anY person to enter any such house, building, yard, or other place where any persons may be so assembled, and to warn thern to depart'. and to seize and carry away all such drums, gongs, torn-toms or other instruments and the same shall be for- feited.

(3) Whoever, after being so warned, shall not depart forth- with (except the persons actually dwelling in such house or building), ~ay be arrested, without warrant, by any constable or person acung m his aid, and shall be liable to a fine of two dol- lars and forty cents.

113. (I)_ (a) Whoever fires any cannon or other flfearrn on any vessel m the Carenage, or on any wharf adjoining it shall be liable to a fine of nine dollars and sixty cents.

(b) If any cannon or other firearm is fifed on any vessel in the Carenage, and the person who fired it cannot be found, the master of the vessel shall be liable to a fine of nine dollars and sixty cents.

(c) It shall be the duty of the officer in charge of the harbour to give notice of the foregoing provisions of this section to the master of every vessel coming into the Carenage.

(2) Every master of any vessel, except Her Majesty's ships and vessels carrying Her Majesty's mails, who, while such ves- sel is lying at anchor or otherwise in any port, bay, creek, inlet,

CAP.I

Allowing house, &c., in town tobe used for drumming

Firing guns in the Carenage; keeping 4 loaded guns or firing them at night on any vessel in port, &c.

'· l

h,1rs.:. ~-i1h

,:r:- Lil v,ay.

·miuing ,,: at

1,-~,:~ lll

· Jyin!:! J1s.:asc huriL'J

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nJ.{J()I\

JI! ,.ir r~;JJ1im:.1I L•~•1,:J Ill

iJJ. and ,lly on

Criminal Code

---- f flV" .0 er 111 this stale keeps on board the vessel any gun shotted

or loaded With ball, or causes or permits to be fired any gun on bo_ard the Vessel -before sunrise, or after sunset, shall be liable to a tine of two dollars and forty cents for every gun kept so shot- ted or loaded, and to a fine of four dollars and eighty cents for e,·ery hn1e any gun is so fired.

PIGS

114· Every person in whose possession a pig is found in any rown except in going to or from or while at market, or in being taken through the town, shall be liable to a fine of two dollars and tony cents for every pig so found.

DtsEASEll AND STRAY CATfLE, MAD DOGS, &c

llS. ( I l Whoever rides, drives. or otherwise makes use of any horse, mule or ass affected with farcy or glanders, knowing the same to be so affected, in any public place, and every owner 01 any such horse, mule or ass who permits the same to be at large in any public place, shall be liable to a fine of forty-eight dollars.

12) Any such horse, mule. or ass may be destroyed. and the carcass disposed of by order of the Magistrate.

116. The owner or possessor of any cattle which dies from any disease shall within twelve hours after the death or as soon afterwards as he has knowledge thereof cause the carcass of the animal to be buried at least four feet under ground, or to be destroyed by fire, or to be disposed of at sea, at a sufficient dis- tance from the shore. and in default thereof shall be liable to a fine of forty-eight dollars.

117. I I J It shall be lawful for any constable to destroy any dog, or any other animal at large, and which he has reasonable cause to suspect to be in a rabid state, or which has been bitten by any dog or other animal which he has reasonable cause to suspect to be in a rabid state.

l2 i If the owner or person in charge of any dog or other ani- mal knowingly suffers it to be at large in a rabid state; or if any such dog or other animal is confined, and the owner or person

Criminal Code

in charge of it does not destroy it, or cause it to be destroyed, after it has shown evident and distinct symptoms of being in a rabid state or of having been bitten by any dog or other animal in a rabid state; such owner or person shall be liable to a fine of forty-eight dollars.

118. Whoever after public notice given by authority of the Governor directing dogs to be confined on suspicion of mad- ness, suffers any dog to be at large during the time specified in the notice shall be liable to a fine of forty-eight dollars.

119. (I) If any entire horse, mule, or ass is at any time found straying or tied or at large, or depastured, in any public way, any constable or any other person may seize and impound it in the public pound, if any, of the district or place where it is found, or in such other place as the Magistrate of the district may provide for that purpose, or at any police station of the dis- trict, and the horse, mule, or ass shall be there detained until the owner shall for every such horse, mule, or ass pay such sum, not exceeding nine dollars and sixty cents, as the Magistrate may fix as a fine, together with one dollar and twenty cents for the expenses of taking up and impounding it, and twenty-four cents for every twenty-four hours, or fractional part of twenty- four hours, during which the horse, mule, or ass may be so impounded, for his keep; and no horse, mule, or ass so impounded shall be released without an order from the Magistrate, and on payment to him of the sums aforesaid:

Provided that it shall be lawful for any Justice of the Peace, on the application of the owner of any such horse, mule, or ass, to order the release thereof, on such owner entering into a rec- ognizance in the subjoined form before him, with or without a surety or sureties in the discretion of such Justice of the Peace, conditioned personally to appear and answer any charge that may be preferred against him, and to pay such fine, charges, costs and other expenses, as shall be ordered by the Magistrate. No fee shall be taken for such recognizance.

CAP.I

Suffering dogs to be at large after notice to confine lhem

Proceedings with respect to entire horse, mule, o, ass straying, &c., in public way

P. 1 Crimi,wl Code

RECOGI\IZANC'E

CIREN:\JP..

......... District.

lk it rc111i:111h,:rcd 1lw1 on lhL'. .. <lay of ............. 1S1 •••••••• AB. 11! . . ................ C.D. uf. .. and E.F. of ........................... . ;tll ul the i.-.bnJ uf. . . came before the undersigned Justice uf the Pc;KL' fur th ...· island of lin:nada and acknowledged tnemselves Ju uWL' lo uur SoYen:i~n LaJy thl..' Queen the sums following. that is to :say. lllL' :,,aid .-U-J. thL· ~um of. ...................... dollars and the said CD. and LF tllL' :-.um ul" .... ......... dollars each to be levied of their lan<l:,, anJ !..'UoLb for the u:,,e of our Lady the Queen if the said A.B. shall mah· Jd..1ult in the i:rnH.iiti,m underwritten.

Co'.\PITION

Th..: cnnJiti\111 of the aho,·L• rL'cognizance is. LhaL if the above bounden .-\.JJ. shall p1..·r.-.u11all\' appear ant..! answc-r any charge that may b~ preferred at,"ain:-.t him unda Ille- prn\'isions of suhsc-ction ( l) of section 123 of the Criminal CoJc and do pay such fine- ..... charges, costs and other expenses as sha:I he urJ1..•rcd h) the MagisLrate for any such offence and abide the judg- ment of th1..· Cllurt 1her1..·upon, lhl'n this recognizance shall be void otherwise tll r1..·111ai11 in full fur1..·1..·

. . (i.11. ..... J.p .

(21 The fine ,hall be paid inw the Treasury for the use of the Colony: the one dollar aml twenty cents for taking up and impounding shall be paid to the person who has taken up and impounded the horse, mule, or ass; and the sum payable for keep ,hall be paid to the keeper of the pound or other person who has supplied !he horse, mule, or ass, with food anct water.

(3) In casL' the fine. l'.harges, and expenses are not paid with- in sL'VL'll days aflcr impounding (notice thereof having been first gi\'~11 to thl' owner. if known, and if not known. by a notice posted at any p,ilice station of the district), the Magistrate may order the hor:-,e. mule. or ass to be sold. and the money arising from the :-.ale ..tfter Jeductint,! the fine, charges and expenses ,hall be paid to the owner: but in case the owner is not known, and no application i, made for the surplus money arising from the sale within one month after it has taken place, it shall be paid into the Treasury for Ihe use of the state until a claimant establishes hi, ritdlt to it before the Magistrate of the district, and obtain, a certificate to that effect which certificate shall be

Criminal Code

sufficient to authorize. the Perrnanent Secretary Finance, to pay over the balance rema1ntng In the Treasury.

Provided that if it appears to the satisfaction of the Magistrate that any horse, mule, or ;ss so irnpounded escaped from any enclosure by the gate ord ence thereof having been wilfully or negligently left open or estroyed by any person not being the owner of the enclosur~. nor ernployed by the owner, the Magistrate may remit the Ine:

Provided also, that if any horse, mule, or ass is at any time found at large or being depastured in any public way or on the side thereof and it cannot be seized or impounded as aforesaid

' y other . 'any. constable or an f . person may prefer a complamt agamst the owner thereo ' If known, to the Magistrate of the district in which the hors;, .rnuJe. or ass was found, and the owner shall be liable to th hke fines, charges and expenses as if the horse mule or ass had been actually seized and dealt with as hereinbefore provided.

120. Whoever unlawfully releases any cattle lawfully impounded, or pulls down, da.mages or destroys the pound wherein any cattle are lawfully Itnpounded, shall be liable to a fine of twenty-four dollars.

Selling unwholesome Meat.

121. (1) Whoever-

(a) sells or offers or exposes for sale, any unwholesome meat. poultry. fish, provisions, or drink of any kind; or

(b) keeps the same in any market, store, shop, dwelling- house, building, or place, With intent to sell the same,

shall be liable to imprisonment for three months.

(2) Any Justice of the Peace, Medical Practitioner, Town Warden. Constable, or person appointed by any Health Authority, on view of any unwholesome meat, poultry, fish, provisions, or drink, may forthwith seize or cause the same to be seized and brought before a Magistrate who shall thereupon, if in his opinion it is unwholesome, cause it to be forthwith destroyed, and may order the person so selling or exposing or

CAP.I

Pound breach

Selling or offering for sale unwhole- some meat, &,. (sees. 434)

,P. I

,I, in ,uthn 1ublk kl'il•,.

1al

ll!l,>! 11ll,;,,

pb,.:,,

Crimi,zal Code

I-,r ,ale 01· k - · 1· ·d th nses j-1-.,-jn!.! l · . t'tJJIIH! It as a oresa1 to pay e expepL~·,Jl .._ . J ~~tfll\·Jllt,'. ·

ol L· •

Fol/LING WATER

1,2. \Vhllever causes or suffers to be brought or to flow into -,1rean1. well· tank. reservoir. or place used or intended for

anY · ·atl'r t · · ~uiJplying \\ , . 0 lllan. or into any conduit commumcatmg ~hc"f~,,·ith. an_). :ub\tance. or does any act, whereby the water therein. or ,di:ch may enter therein, may be fouled, shall be li'1blc 10 " fin~ ol _tony-eight dollars, and to a further _fme of

ine dollars a_id sixty cents for every day durmg which the ::rfcnce i~ continueJ after conviction.

l23- It shall not be lawful to inter the body of any dead per: "'n in ,111)' piwate lot or place (not being a public burial ground) within an)' ol the li.,,vns of this state.

11 sh.di 1](ll be lawful to inter any such body outside the limits of any t,nvn save at a depth of not less than five feet.

Any pLrson llff1,;!~Uing against the provisions of this section shall be liable to a lrne of ninety-six dollars.

[)RI r;s;KCN, RIOTOliS, AND DISORDERLY CONDUCT

12-'• \\'J]lle\"er is drunk and behaves violently or indecently in any public plac,·. or is drunk on the premises of any person, to the ~rnnoy~nce or disturbance of that person or of any mmate oi" the prcnuses, shall be liable to a fine of four dollars and eighty n~nts.

I -,= \,\-'hoe,·er. bavinn been thrice convicted under the provi--~•· e, sions of ~my ti\:· for having been drunk and behaving violently or indecently. I.\. within one year frmn the first conviction. f()unJ drunk in any public place. shall be liable to imprisonmem for three months as an habitual drunkard.

J2(,. L:very ow:ier or occupier. and every person in the emplnym~nt of any owner or occupier, of an~ house: ~hop, roolll. or othc-r place of public resort wherein prov1s1ons, Iiq uors. or refreshnients of any kind are sold or consumed

1whether the same be kept or retailed therein or procured else-

(J.j

Criminal Code

w;:re),_ Who knowingly permits drunkenness, gambling, or any 0 s~- disorderly conduct therein, or knowingly pennits known pro ;tu!tes or convicted felons to meet together or remain there- ID, s a I be liable to a fine of ninety-six dollars.

127• If two or more persons together in any public place op~n]y carry, without lawful cause, any deadly or dangerous JDS :rnents, with intent to cause terror to any of the public, eac of lhern shall be liable to imprisonment for one month.

128· Whoever threatens any other person with unlawful hat~1\With intent to put that person in fear of unlawful harm, sha e liable to imprisonment for one month.

_ 129, OJ Whoever, in any public place, or being unlawfully ID any place not public, wantonly does any act with intent to cause terror to any person, shall, if harm is thereby caused to any person, or if this act was of such a character as to be likely to cahruse harrn to any person by terror, be liable to imprisonment for t ee months.

(Z) For the purposes of this section, harm shall in this case be deemed to have been caused by the act, although the harm be the mere inward effect of the terror caused by the act.

13o._ Whoever mischievously beats or strikes any animal whtc? 1s being led, or on which any person is riding, with intent to fnghten it, or fires off any gun, pistol, or other kind of firearm, or waves or exhibits any flag or other signal with the intent aforesaid, or mischievously excites any bull, ox, or cow to ~reak loose from any person leading or conducting it, shall be !table to a fine of twenty-four dollars.

131, Whoever-

(a) in any public place is guilty of any riotous, indecent, dis- orderly, or insulting behaviour; or

(b) in any Court or police station, or in any place of public entertainment, is gnilty of any riotous, indecent, disor- derly, or insulting behaviour,

CAP.I

UnlawfuUy carrying anns

Threat of harm (sees. 350)

Causing public terror

(sees. 226)

Mischie- vously frightening animals

Riotous behaviour in a public place (sees. 373)

P. I

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Criminal Code

shall be liable to imprisonrnent for three months, or to a fine of one thousand Uollars. ur to both.

132. Whoe,,,r--

(a) is guilty of any riotous. disorderly. or insulting behaviour in any place of divine worship. whether during divine scrvke or at any other time:

lb) disturbs or molests any person in any place of divine worship. whether during divine service or at any other time: or

(C) disturbs or molests any minister of religion while cele- brating any religious rite or office in any public place, or any other person aiding or attending at the celebration of such rite or olfice in any public place, or any other per- son aiding or attending at the celebration of such rite or office. shall be liable on summary conviction to a fine not exceeding five hundred dollars or to a term of imprisonment not exceeding nine months or to both such fine and imprisonment.

133. Whoever- -

(u) makes use of any threatening, abusive, insulting, violent, or obscene language, or sings any offensive or insulting song or ballad, with intent to provoke any other person to cornmit a breach of the peace;

lb)

(C)

( ,/)

makes use of any threatening, abusive,_ insulting, obscene. or profane language, or sings any msulting or offcnsive song or ballad. to the annoyance of any person in any place:

in any public place. or within hearing of any person therein. sing~ any profane. indecent, or obscene song or ballad;

writes or draws any profane. indecent or obscene word, figurt. or representation upon any-wall. door, window, shutter. or other place open to the public view, or upon any paper or other material and exposes the same to pub- lic Yiew:

,,.

Criminal Code

(e) sells, or distributes, or offers for sale or distribution any profane, indecent, or obscene book, paper, print, or rep- resentation;

/f) in any public place or within hearing of any person therein fights or disturbs the public peace; or

(g) in any public place makes use of or concerning any other person any threatening or abusive language, shall be liable to imprisonment for three months, or to a fine of one thousand dollars, or to both.

134. Whoever directly or indirectly threatens unlawfully to destroy or injure any building or land or anything thereon, or uses any words which directly or indirectly are likely to cause others unlawfully to destroy or injure any such building or land or anything thereon shall be liable to a fine of ninetysix dollars or to imprisonment for three months or to both such fine and imprisonment.

It.LEGAL FISHING-NETS

CAP.1

Threatening injury to property, &c.

135, (I) For the purposes of this and the next succeeding Inte,pn,tation section-

"fishing-net" shall mean any kind of fishing-net and shall, subject to the context, include seines, ballahoo nets or cast nets;

"seine" shall mean a seine net, constructed with arms;

"ballahoo net" shall mean a net constructed and used exclusively for the purpose of catching the fish com- monly known as "ballahoo";

"cast net" shall mean a circular net constructed of small mesh and used exclusively for catching bait.

(2) Whoever-

(a) casts, draws or hauls or otherwise uses in any part of the sea around this state any fishing-net which in length or width is larger than, or the meshes of which are smaller than, the size from time to time prescribed therefore respectively by regulations issued by the Governor- Ge11eral;

Prohibits the use of fishing nets of size and will> meshes contrary to those prescribed by regulations

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Criminal Code

1h! whilst usin~ a ballahoo net in the sea, draws or hauls the 'Ct111c from \11e water up to the shore or to any wharf or .ktty or up into or ~m any vessel lying at the time within fift) fl"t"t of thl' t-.hore: or

le I makes use of any false-bottom cod or pouch or puts any fishing-ne, of any kind, even though of legal size or n1esh. upon or behind another fishing net, in order to catch the small fry or breed of fish which would have passed through the meshes of any single fishing-net of legal siz.:- or mesh.

shall be liable to a fine not exceeding twenty-four dollars.

. I31 The regulations which may be issued by the Governor- General under this section may distinguish between and have regard to the various kinds of fishing-nets and to the particular purposes ur uses for or to which the same shall be respectively constructed or put; and pending the issue and subject to the krtn~ of any such regulations. the following fishing-nets are hereby prescribed and declared to be illegal:-

!i I any seine of which the meshes in the centre or bunt thereof shall be less than one inch square or the meshes in the arms thereof shall be les.s than two inches square:

liiJ any ballahoo net which shall be more than eighteen fret in width. or which shall contain or consist of meshes of a smaller size than half-an-inch square;

liiiJ every and any other kind of fishing-net the mesh of which shall be less than one inch square; excepting cast nets. which may contain or consist of meshes of any si:-i:e.

(41 In any proceedings brought against any person on a L'hargc of having committed an offence against this section or brought for the purpose of securing the forfeiture of a net under the provisions of the next succeeding section, the burden of proving that such person should not be convicted of such offence or that such fmfoiture should not be ordered shall be on the defendant or upon the owner or person entitled to the pos- St'.\sion of tht' nc-t.

Criminal Code

136. (I) Every police constable or peace officer and every officer of any Town Authority or district board as shall be gen- erally authorized by the Authority or Board in that behalf, may inspect and measure any fishing-net which he may see in any part of this State whether or not the same has been seen in actu- al use; and it shall be lawful for any such constable or officer, if upon inspection he is of opinion that the construction of such fishing-net contravenes the provisions of the law for the time being as set forth by or under the last preceding section, to cause such net to be conveyed to the nearest convenient place where the same may be measured; and, if on inspection or mea- surement it be found that the construction of such net contra- venes the law as aforesaid, it shall be seized and taken before a Magistrate who, upon being satisfied of such contravention, shall declare the same to be forfeited; and it shall be lawful for the Magistrate to declare and order such forfeiture notwith- standing that no person shall have been charged, in relation to or in connection with such net, with having committed an offence against the last preceeding section or against any regu- lation made thereunder:

Provided that where a net has been seized hereunder and no person, at the time of such seizure, is found in possession of the same, the order for its forfeiture shall not be declared by the Magistrate until the expiration of one calendar month after its seizure, or until, before the expiration of such month, the owner or other person entitled to the possession of such net shall come forward to claim the same and shall have been given an oppor- tunity of proving why it should not be forfeited.

(2) The Magistrate shall cause every fishing-net forfeited as aforesaid to be delivered to the police for the purpose of being destroyed, and it shall be the duty of the non-commissioned officer in charge of the police station where any such fishing- net is delivered forthwith to destroy the same.

NUISANCES AND OBSTRUCTIONS IN THE STREETS, AND THE LIKE

137. Every person who does any of the acts mentioned in-

(a) paragraphs (I) to (9), inclusive (11) to (23), inclusive (28) to (30) inclusive and (32) shall be liable on summa- ry conviction to a fine not exceeding twenty-four dollars,

CAP. I

Police or officer of any Town Authority or District Board to inspect and measure fishing-nets and to seize same where not in accor- dance with provisions hereof

Proviso regulating procedure in cases where fishing-net seized and no person found in possession of same

Forfeited fishing-nets to be delivered to the police to be destroyed

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Criminnl Code

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(/J) paragraphs I IO). 124) and (25) shall be liable on summa- ry cunYiction 10 a fine not exceeding sixty dollars, and

(cl para~raphs 126). (27). 131) and (33) shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars or to a term of imprisonment not excc1..~ding six months or to both such fine and imprison- ment. that is to say, every person who:

11J during the night. wilfully and without lawful excuse dis- LUrbs any inhabitant by pulling or ringing any door bell, or by knocking at any door. or rolls any hogshead, puncheon, cask, barrel. tub. hoop. or other thing. or drags. pulls, pushes or other- wise moves any heavy substance or thing, by which any noise is wanh>nly made. to the annoyance or disturbance of any inhabi- tant of any town or of any passenger or neighbour; or

12) except when acting in obedience to lawful authority dis- charges any cannon or other firearm of greater calibre than a common fo\\'ling piece, within three hundred yard5 of any dwelling-house, to the annoyance or disturbance of any inhabi- tanl thnL~of. afo:r hc-ing warned of the annoyance or disturbance by any inhabitant or such house; or

(3) between twelve o'clock on Saturday night and six o \.·Jock an tht' following Monday morning, except on some lawful and nc12cssary occasion, fires any gun or other firearm, or beats any drum, or plays on any noisy instrument, or dances or joins in any noisy an<l disorderly diversion; or

(41 discharges any gun. pistol, or other firearm on any public way or within one hundred yards thereof. except on some law- ful and necessary occasion:

Provided this subsection shall not apply to the members of a rifle club when engaged in target practice at any rifle range authorized by onJer of the Guvernor-General;

Provided also that any such order may at any time be revoked by the Governor-General: or

(5) in any town. offers or exposes for show, hire, or sale any cattk. except in a market or marketplace or other convenient place lawfully appointed for that purpose; or, in any public place. to the annoyance of any person, feeds, fodders, farries,

Criminal Code

shoes, or blereds any cattle, except in case of accident; or cleans, exe cises t .dresses, , rams, or breaks any cattle; or

(6) places ir leaves any furniture, goods, wares, or merchan- dise, or an\ ogshead, cask, puncheon, barrel, basket, pail, or bucket, or P ~ces or uses any standing-place, stool, bench, stall, or showboaf. ' on any footway in any town, or places any blind, shade, covenng, awning, or other projection over or along any such footW~Y, Unless such blind, shade, covering, awning, or other proie;;on is six feet six inches in height at least in every part thereo ram the ground; or

'f (7) places, hangs up, or otherwise exposes for sale in any town any goods, or thing whatsoever, so fhat fhe same project into or ove~~~y footway, or beyond the line of any house or buildmg at h !Ch the same are so exposed, so as to obstruct or incommode t e Passage of any person along any footway; or

(8) rolls or Carries any hogshead, puncheon, cask, barrel, tub, }loop, or wheel, or any ladder, plank, pole, timber, board, or placard, on any footway in any town, except in loading or unloadmg any can or in crossing fhe footway; or

(9) hangs or places any clothes on any line or cord protecting

0 ver any_ part of any public place, or on any wall, fence, or pal- ing abuttmg upon any public place; or

(I0) in any public place, fhrows or lays any coals, stones, slates, sheils, hme, bricks, timber, iron, or other materials, except bmlding materials, or rubbish occasioned by building which shall be placed or enclosed so as to prevent any mischief happening to any inhabitant or passenger; or

(11) in any public place in any town, beats or shakes any mat between seven o'clock in the morning and six o'clock in fhe afternoon; or

(12) being in charge of any cattle, drives or suffers fhe same to be driven on and along any public way in such numbers or in such manner as to endanger fhe safety of any passenger; or

(13) having the care of any cart or carriage, rides on any part thereof, or on fhe shafts, or on any animal drawing fhe same, without havmg and holding fhe reins; or is, if on foot, at such distance from fhe cart or carriage as not to have fhe complete

CAP.I

Leaving goods on footway

Hanging up goods over footway

Rolling hogshead. &c. on footway

Hanging clothes on line project over public way, &c.

Throwing coals, &c., in public way

Beating mat in public way in town

Driving cattle in dangerous manner in public way

Careless driving of cart or carriage

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Criminal Code

control o\·cr c\·cry animaJ drawing it; or does not, in meeting any other can or carriage, keep his cart or cmTiage to the left or near :-.iJc; or dnc~ not, in passing any other cart or carriage, keep his cart or carriage on the right or off side, except in case of actual necl"s:,.ity or some sufficient reason for deviation; or, by obstructing any public way, wilfully prevents any person, cart. ur carriage from passing him or any cart or carriage under his care: or

( I.\J drives nr leaves any cattle in any public place without propcr and sufficient assistance: or

t I:i J in any public place. wilfully or wantonly shouts or Yocif,.'ratcs. or hlows any horn or shell, or beats any drum or other instrument. to the annoyance or disturbance of any house- holdL·r or sounds or plays upon any musical instrument, or ~ings, quarrel!-. or 1~1akes any other loud or unseemly noise near any house" after hcing required to depart; or

( 1(1) w:mtonly discharges any firearm, or throws. or dis- charges any :-.tune or other missile. to the annoyance, damage, or danger of any person. or. in any public place in any town makes any bonfire or sets fire to or throws when lighted any firework: or

11 7J in any stre<0t in any town, flies any kite or plays at any gamL": or

I I8J suffers to be at large unmuzzled any ferocious dog, or se-ts on or urgl":-. any dog or other animal to attack, worry, or put in fear any person or cattle: or

t Jl/i in any part uf any town or any place immediately adja- cent the-rdo. make!-. or causes to be made any fire in the yard or uthcr part or any house or premises, except the kitchen, where- by the town. or any house or building, in or near it may be 1."nJangcn.·J: or

(]() J in any part of any town or any place immediately adja- cent thcri:to. lights, or causes to be lighted. any fire, or carries any lifhtcd torch. candle. or other lighted thing, or any fire, through the :-.ami:. unlc.s:-. secured in a lantern or some olher safe thin~ in which it may b~ conveyed: or

Criminal Code

(21) wantonly extinguishes the light of, or destroys or dam- ages, any street lamp; or

(22) being the occupier of any house or other tenement situ- ate in any town or in any place immediately adjacent thereto, does not keep sufficiently swept and cleaned all footways and water-courses belonging and adjoining to the premises occupied by him; and, if any such house or other tenement is empty or unoccupied, the owner thereof shall, for this purpose, be deemed the occupier; or

(23) in any public place in any town, cleanses, fires, washes, or scalds any cask or tub, or hews, saws, bores, or cuts any tim- ber or stone, or slacks, sifts, or screens any lime; or

(24) assembles with other persons in any public place, or in any open space near a public place, for any idle, vicious, or dis- orderly purpose, or otherwise than in the regular performance or in pursuance of some lawful calling or object, to the annoyance or obstruction of any passenger or person frequenting such pub- lic place or of any person living near it, and does not move away when required by any peace officer; or

(25) loiters, carouses, or the like in or about any shop, or in any public place, and does not quietly move away when desired so to do by any constable or by the owner of the shop or his agent; or

(26) behaves irreverently near any church, chapel, or other building appropriated for religious worship during divine ser- vice, or behaves irreverently or indecently in or near any public burial ground during the burial of a body; or

(27) having the custody of any child above the age of five years, permits it to go naked; or

(28) wilfully and indecently exposes his person in any public place or within view thereof, or in any public place with intent to insult any female; or

(29) loiters about or importunes any passenger for the pur- poses of prostitution; or

(30) without the consent of the owner or occupier thereof, affixes any posting-bill or other paper against or upon any building, wall, fence, pillar, post, or pale, or writes upon, soils,

CAP.l

Extinguishing or damaging street lamp

Not keeping footway and water-course clean

Washing cask, &c., in public way in town

Assembling in public way for idle, &c., purpose, and not dispersing when required

Loitering about shop. &,.

Behaving .irreverently near church or burial ground

Allowing child to go n,ked

Indecent exposure of pmon (sees. 434)

Acting as common prostitute

Posting bill on building, &c., without con- sent of owner or occupier

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Crimiwtl Code

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defaces. or marks any building. wall, fence, pillar, post or pale with L'halk or paint. or in any other way or with any other mate- rial:

(31) in any place- open tu public vic:w or within public hear- ing hchan:~ in a riotous. ind1.xcnt or disorderly manner.

TRADING 01' SUNDAY, &C

138. Wlwes·,·r sells or causes or procures to be sold, or exposes fur sale. ~my goods. or other articles whatsoever on any Sunday. Christmas Day, or Good Friday, shall, in respect of each act of salL' or exposure for sale, be liable to a fine of nine dollars and sixty cents.

139. There shall he excepted from the operation of the last pn..'cl.'din~ :-.c-ct ion -

(uJ thL' sak of any drugs or medicines;

(hl the sak- of ice:

kl the sale of fresh fish. butchers' meat or fresh fruit, not later than noon:

(d) the sak of bread or milk:

((') the sale of cooked food in hotels. inn or taverns; and

(JI the sale or any article required for the burial of a dead body. or in case of illness of any person or animal, where the seller thereof has reasonable grounds for believing the article to he re4uired for either of those purposes; the reasonableness whereof is to he determined by the Magistrate before whom the complaint is heard.

IDU .-\Nll DISORDERLY PERSONS

UO. Whoewr--

(a) he ing abk by labour or other lawful means to maintain himscll or herself. or his wife or child, or her child, where !he wife or child is without other means of sup- port. refu:-.cs or ne~kcts so to do:

Criminal Code

(b) wanders abroad, or places himself in any public place, to gather alms, or causes, procures or encourages any child so to do;

(c) sleeps, wanders or loiters in or under any veranda, gallery, outhouse, passage, gateway or building wholly or in part unoccupied, or is found in or under any cart, vehicle, motor vehicle, carriage, vessel, or on or under any wharf, quay, jetty, bridge, footway, or other public place, and refuses to leave or remove therefrom when required or called upon so to do by any constable or peace officer or by any person in charge of the wharf, quay, jetty, bridge, footway or other public place, or is found within any enclosed land, without leave of the owner, occupier or person in charge thereof, and does not give a good account of himself;

(d) pretends or professes to tell fortunes; shall be liable to a fine not exceeding one hundred dollars and on a second or subsequent conviction to not less than one month nor more than six months imprisonment.

141. Whoever is found having in his possession by day any key, picklock, crow, jack, bit or other instrument of housebreak- ing, with intent to commit any indictable offence, shall be liable to three months' imprisonment.

TITLE XIV

PERJURY

142. (I) Whoever commits perjury shall be liable to impris- onment for six months.

(2) The provisions of sections 389 and 390 of this Code (which relate to the definition of perjury) shall apply to pro- ceedings under this section.

(3) If, upon the hearing of any complaint for an offence under this section, it appears to the Court that such offence can- not be sufficiently punished under the provisions of this section, all further proceedings thereon as for a summary offence shall be stayed, and depositions shall be taken, and the case shall in

CAP.I

Posession of house- breaking instruments in day-time with intent to commit indictable offence

Summary trial for perjury

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Criminal Code

all other r,·spects be Jealt "ith a, if the charge had been origi- nail) Olll' for an indiclablc offence.

TITLE XV

Misc·Et.LA'-lcOl'S 0ffENCES AND l\1ATTERS

PRACTISING 0BEAH, &c

UJ. 1I I Whoever practices obeah, or by any occult means m hy any assumptjon of supernatural power or knowledge irnimidalr.::-. or attempts to intimidate any person, or obtams or r.:mkan>ur:-. to obtain anything from any person, or pretends to di:-.cover an\' Inst or stokn thing or the person who stole the same. or to ·inflict any disease, loss, damage or personal injury upon any per"'"· or to restore any person to health. shall be liabk- to imprisonment for three months.

(2J \Vhoc-\·~r imports. prints. publishes, sells or offers or kc-c-ps for sal~ any book. paper. writing or print. which in the opinion of the Court ha:-. a tendency to propagate or encourage a belief in the efficacy of the practice of obeah, shall be liable to imprisonment for three months.

U-t 111 If it is maJe to appear, upon the oath of any credi- ble witness. that there is reasonable cause to suspect that any per:-.on is in po:-.session of any article or thing used, or intended to b,: useJ. hy him in the practice of obeah or such other prac- tice as i:-. mentioned in the last preceeding section, it shall be lawful for anv Justice of the Peace. by warrant to cause any plaL·c whatev~r belonging to or under the ~ontrol of .t?e person to be searched. either in the day or in the mght, and, II any such anick nr thin~ is found in any place so searched, to cause it to he sei,eJ anJ'brought before him to be secured for the purpose of being. produced in evidence in any case in which it may be n:quircd.

(2) \,\'here any such article or thing is found as aforesaid, the person in who,c possession the article or thing is found shall, unless and until the contrary is proved. be deemed to be a per- ~nn practising oheah within the meaning of the preceding sec- tion. al the time .it which the article or thing was so found.

Criminal Code

145, If, on hearing of any case before any Court, the Court has reasonable cause to suspect that the accused or any witness in the case then in Court has concealed about him an instrument of obeah, the Court may direct the police forthwith to search the suspected person without a written warrant, and if any instru- ment of obeah is found upon him, he shall be liable to a fine of twenty-four dollars.

USE OF FIRE

146. Whoever shall take, carry or have any fire, lighted torch, or candle, unless enclosed in a lantern, lighted pipe, cigar or cigarette, into or in any piece of canes, whether standing or cut down, or into or in any distillery, megasshouse, or upon any heap of megass, or sufficiently near to endanger any distillery, megass-house or heap of megass, shall be liable to a penalty of nine dollars and sixty cents

147. (I) For the purpose of preventing loss, damage and injury, every person who intends to set fire, or to cause fire to be set, to any tree, bush, brushwood, underwood, rubbish, guinea or other grass, trash, or cane-piece, shall give notice to all neighbours possessing or in charge of property which might be damaged or destroyed by the fire, if carelessly or improperly used, and take proper precautions to prevent any damage or destruction to the property of his neighbours.

(2) Whoever sets fire, or causes fire to be set, to any tree, bush, brushwood, underwood, rubbish, guinea or other grass, trash, or cane-piece, for any purpose, whether any damage or injury is occasioned to any property of any other person, with- out notice given and proper precautions taken as in this section provided, shall be liable to a fine of forty-eight dollars.

TRESPASSING AND DETENTION OF Gooos

148, In the following provisions relating to the prevention of squatting and trespassing, unless the context otherwise requires, the words "owner" and "occupier" respectively include any ten- ant or lessee, and the attorney or agent of any owner or occupi- er.

CAP. I

Searching of person suspecled of having instrument of obeahin Court

Smoking pipe, &c., about sugar- works, &c.

Precautions required of person about to set fire to lree, &c.

Definition of owner and occupier

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Criminul Code

1-19. 111 lf any person enters upon and uses or occupies any land. 1101 exceeding ninety-six dollars in annual value, belong- ing 10 or in the possession of any other person, without leave of the owner or occupier thereof or without lawful authority for so doing. it shall be lawful for the Magistrate of the district in which the land is situate. ,m the c:omplaint of the owner or occu- pier. to summon before him the person using or occupying the land 10 show cause why an order should not be made for his removal therefrom.

121 Ir. on the hearing of such complaint, it is proved to the satisfaction of the Magistrate. that the defendant has entered upon and used or occupied the land without such leave or authority, the Magistrate may make an order for the removal of the defendant by force if necessary, from the land, and also of any cn.·clion. animal or thing whatsoever which he may have placed or have thereon.

(3J The Magistrale may also in addition, if he thinks fit, impose on the defendant a fine of twenty-four dollars, and may order that the whole, or any portion of the fine, if paid or recov- ered. shall be paid to the owner or occupier of the land.

150. \Vhocvcr---

(u I unlawfully enters in an insulting, annoying or threaten- ing manner upon any land belonging to or in the posses- ~ion of any other person:

ih) unlawfully enters upon any such land after having been forbidden :-,o to do:

lei unlawfully enters and remains on any such land after having_ been required to depart therefrom;

id) having lawfully entered upon any such land, miscon- ducts himself by behaving thereon in an insulting, <.mnnying or threatening manner: or

I<' J having lawfully entered on any such land, remains there- "" after having been lawfully required to depart: thcre- frum,

shall. on the cumplaint nf the owner or occupier of such land, bL' liabk to a finL' nf nine dollars and sixty cents.

Criminal Code

151. Any person found trespassing on any land where any cultivated plant, root, or fruit is growing, and failing to give an account to the satisfaction of the Court as to how or why he came to be on the said land shall be liable to a fine of nine dol- lars and sixty cents.

152. Any artificer, workman, journeyman, apprentice, ser- vant, labourer or other person who unlawful!y disposes of or retains in his possession, without the consent of the person by whom he may be hired, retained or employed, any goods or chattels, not exceeding twenty-four dollars in value, committed to his care or charge, shall be liable to a fine of nine dollars and sixty cents, and shall also be liable to pay as amends to the per- son aggrieved the value of that which has been so disposed of or not returned uninjured.

MISCELLANEOUS

153. (I) Whoever brings on board any of Her Majesty's ves- sels any spirituous or fermented liquor without the previous consent of the officer commanding the vessel, or approaches or hovers about any such vessel for the purpose of bringing any such liquor on board without such consent, or of giving or sell- ing any such liquor to any officer, seaman or marine in Her Majesty's service without such consent, or of assisting any such officer, seaman or marine to improperly absent himself from his vessel, shall be liable to a fine of forty-eight dollars.

(2) Any officer in Her Majesty's service, or any warrant or petty officer of the navy, or non-commissioned officer of marines may, with or without seamen or persons under his com- mand, search any boat or other vessel hovering about or approaching, or which may have hovered about or approached, any of Her Majesty's vessels, and may seize any such liquor found thereon, and such liquor shall be forfeited to Her Majesty.

(3) Any such officer or warrant or petty or non-commis- sioned officer, or any constable, may without warrant, arrest and detain any person found committing an offence under this section, and take him before a Magistrate, to be dealt with according to law.

CAP.I

Person trespassing to give an account to the satisfaction of Court as to how he came to beon land

Punishment of artificer, &c., for disposing of or retaining goods committed to his care

Taking spirits on Board Her majesty's ships, &c.

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Criminal Code

15-'. Ir any puhlic officer who is bound as such officer to pay or aCCllUnt for any moneys or valuable things. or to produce or give up any documents or other thing~. faih to pay or account for. or to pn)duce or give up. the same according to his duty to anv other officer or person lawfully demanding the same, he shZtll (without prejudice to his liability in any civil proceeding, or Ill his liability as for any offence punishable under any other Title of thi, Code) be liable to imprisonment for three months.

155. If a puhlic officer is summarily adjudged to be impris- oned under the provisions of the last preceding sectior., he shall be dischargcc.1 up,>n his satisfying the Court before which he was com·ictcd. or any Court of similar jurisdiction, that he has since his conviction perfonncc.l the duty for default in perfor- mance of which he wa~ adjudged to be imprisoned.

156. Whoever votes or offers tu vote at any public election at which lw knows that he is not entitled so to vote, or in respect of a qualification with regard to which he knows that he is not entitled so to vote. shall be liable to imprisonment for three JlH)!lth:-..

157. Whoever without reasonable excuse makes default in obeying any summons. process or order lawfully issued or made by any Court for his attendance as a witness in any judi- cial prncecding. or for the production by him of any written or other e, idcnce in any judicial proceeding, shall be liable to imprisonment for thr~e months.

158. Whoever. knowing that any execution, wanant or other prnccss of law has been awarded or issued for the seizure of anything bdonging to him or in his possession, custody or con- trol. re-mo\'C.\. conceals or in any manner disposes of the thing with intent to defeat or evade the execution, warrant or other procc:-.s. shall he Iiabk to imprisonment for three months.

159. Whoc'ver. with intent to defeat, obstruct or pervert the course of justice ur the due execution of the law, or to evade the requircmcnts of the law, or to defraud or injure any person, e1H.leaYmirs to deceive any public officer, acting in the execu- tion .,f any public office or duty. hy personation. or by any false

Criminal Code

instrument, document, seal or signature, or by any false state- ment, whether verbal or in writing, shall be liable to imprison- ment for three months.

160. Whoever gives to any person employed in the public service any information which he knows or believes to be false intending thereby to cause, or knowing it to be likely that he will thereby cause such person-

(a) to do or omit anything which such person ought not to do or omit if the true state of facts respecting which such information is given were known to him; or

(b) to use the lawful power of such person to the injury or annoyance of any person,

shall be guilty of an offence, and shall be liable to imprison- ment for three months.

161. Whoever pretends to be or acts as a public officer or juror, not being lawfully authorized to act as such officer or juror, and in or under colour of such assumed character does or attempts to procure any person to do or abstain from doing, any act whatsoever, shall be liable to imprisonment for three months, unless he shows either-

(a) that he so pretended or acted under a mistake of law or of fact; or

(b) in the case of a person acting as a public officer, that he so acted in good faith for the public benefit.

162. Whoever, without authority from the person in charge of any prison or lock-up conveys anything into or out of any such prison or lock-up, or delivers to or receives from a prison- er in any such prison or lock-up anything whatsoever, shall be liable to imprisonment for three months.

163. Whoever in any manner interferes with any convicted prisoner without the precincts of the prison, or delivers to or receives from him anything whatsoever, or permits him to enter his house, yard or premises, unless by the request of the prison officer or person in charge of the prisoner, or assists him to

CAP.I

False information to person employed in the public service

Falsely pretending to be public officer, &c. (sees. 390)

Talcing prohibited things into or out of prison, &c.

Interference with prisoners outside prison

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( 'rimina/ Code

absent himself or to negkct his work. shall be liable to impris- 0111111.:·nt for three months.

16-'. If any prison officer or person in charge of any convict- ed prisoner. knowingly permits him to receive any tobacco, spirits. fooJ. money or any other thing which the prisoner is not permitted by the prison regulations to receive, or to enter any house. yarJ or premises. not being the place appointed for the labour of the prisoner. he shall be liable to imprisonment for three months.

165. Any prison officer who, whilst in charge of prisoners at work outside a prison. leaves them under any pretext whatsoev- er from the time of their departure from the prison till their return. or who for any purpose whatsoever enters any premises, not being the place appointed for the labour of the prisoners, during the time that he is in charge of them, shall be liable to a fine of forty-eight dllllars.

16<,. Whoever being lawfully commanded by any public officer. peace officer or other person to give aid for the preven- tion of crime. or h)r arresting any person, or for preventing the rescue or escape of any person, refuses or neglects to give such aiJ according to his ability, shall be liable to a fine of forty- eight dollars.

167. Whoe,·cr--

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assaults. molests, obstructs or resists, or aids or incites any other person to assault, molest, obstruct or resist any public or peace officer. or any person employed by a public or peace officer. acting or proceeding to act in the accution of any public office or duty or in the execution of any warrant or legal process; or

uses any threatening. abusive or insulting language or ~end~ any threatening or insulting message, or letter, to any Magistrate in respect of his duties, shall be liable to imprisonment for one tear or to a fine of three thousand dollars. or to both.

Criminal Code

168. Whoever, for the purpose of compelling any other per- son to conduct himself in a particular manner in respect of his business or employment, or to do any act, or to abstain from doing any lawful act of any kind, injures, removes or conceals any tools, materials or other things used by him in his business or employment, or uses any violence to him or to any other per- son, shall be liable to imprisonment for three months.

169. Whoever wilfully secretes, detains or destroys any postal matter or telegram which ought to have been delivered to any other person shall be liable to imprisonment for three months.

170. If any person makes any complaint for any summary offence alleged to have been committed by some other person, and afterwards, directly or indirectly, receives, without the per- mission of the Court by which the complaint was to be heard and determined, any sum of money or other reward for com- pounding, delaying or withdrawing the complaint, he shall be liable to a fine of ninety-six dollars.

171. Whoever obtains any sum of money or other reward from any person by threatening, directly or indirectly, to make a complaint before a Magistrate for any summary offence when no grounds exist for the complaint, or as an inducement to for- bear to make the complaint, shall be liable to imprisonment for three months.

172. Whoever accepts, or agrees or offers to accept, any reward under pretence or on account of restoring to any person, or of helping any person to recover, anything which has been appropriated by any crime punishable under Title XL or Title XXI. of this Code, upon the terms or with the understanding that the crime shall be compounded, shall be liable to imprison- ment for three months.

173. The Governor-General may award a portion of any fine imposed under this Book to any person through whose instru- mentality a conviction may have been obtained.

CAP.I

Obstructing lawful act by violence, &c.

Wrongfully detaining or destroying letter or telegram

Compound- ing offence (sees. 384)

Obtaining money by threat of making complaint for somma,y offence (sees. 277)

Corruptly accepting reward for restoring property, &c.

Awarding of portion of fine to infonner

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I 7-L Nothing in this Buok shall be construed to abolish or limit the jurisJil'lion of a Magistrale or Justice of the Peace in rcspLL'l pf l>ffL'ncc~ co1hliluted hy any other statute and not ~pccificd in thi:-. Book.

BOOK III

l'°DIC.\T\BLE OFFENCES

PART VII

UrrT~CFS Ac.At~ST THE PERSON AND REPUTATION

TITLE XVI

t\SS:\l1l T .-\i\D SIMILAR OFFENCES

ASSAULT

175. Whoever unlawfully assaults any person shall be liable to imprisnnm\.~nt for two year:-..

176. Whoever is convicted of an unlawful assault of any of th1; following kind:-.. na1ndy ~

{a J assault upon a person acting as a judicial officer or as a peace offo.:cr;

tin a'.'.sault upon a minister of religion acting in the execu- tion llf the duties of his office:

1c1 assauli upon a person in any Court of Justice, or assault upon a pcrsun in on.ler to prevent him from doing, or on aL-cuunt of his c.l\)ing or having done, anything as a party, agent. coun:-.el or witnes:-. in any judicial proceedings;

tdJ a:-.sault with a purpo:-.c- to commit, or in committing or attempting lu commit. any other crime;

lt'/ a~sault with any deadly or dangerous instrument or 111L·an:-.: or

Criminal Code

(j) indecent assault upon any person, whether male or female,

shall be liable to imprisonment for five years.

RAPE AND SIMILAR OFFENCES

CAP.1

177. Whoever commits rape shall be liable to imprisonment Rape for fifteen years.

178. Whoever unlawfully and carnally knows any female under thirteen years of age, whether with or without her con- sent, shall be liable to imprisonment for fifteen years; and who- ever attempts to have unlawful carnal knowledge of any female under thirteen years of age, whether with or without her con- sent, shall be liable to imprisonment for seven years.

179, Whoever unlawfully and carnally knows any female, being of or above thirteen years and under sixteen years of age, whether with or without her consent, shall be liable to imprison- ment for five years:

Provided that it shall be a sufficient defence to any charge under this section if it is made to appear to the Court or jury that the accused person had reasonable cause to believe that the female was of or above sixteen years of age:

Provided also, that no prosecution shall be commenced for an offence under this section more than three months after the commission of the offence.

180. Whoever by threats, deceit or duress, or by administra- tion of any intoxicating or other matter, procures any female to permit carnal knowledge otherwise than in marriage, shall be liable to imprisonment for two years.

181. Whoever unlawfully and carnally knows any idiotic or imbecile female, whether with or without her consent, under circumstances which do not amount to rape, but which prove that the accused person knew, at the time of the commission of the offence, that the female was an idiot or imbecile, shall be liable to imprisonment for two years.

Defilement of female under thirteen years of age

Defilement of female between thirteen and sixteen years of age

Corrupton of female

Carnal knowledge of idiotic or imbecile female

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Criminal Code

182. Nothing in any of the four last preceding sections shall exempt a person from any liability to punishment for rape or for an attempt w L'Omlllit rape.

183. Whoever is convicted of unnatural carnal knowledge of any per,on. with force or without the consent of the person, shall be liable to imprisonment for fifteen years.

HIJA. ( 1J If a male person has carnal knowledge of a female person under thirteen years of age whom he knows to be his daughter. granddaughter, sister, aunt or niece, he commits an offence, namely im:est. and shall be liable to imprisonment for fifteen years.

(2 J If a male person has carnal knowledge of a female person above thirteen years of age whom he knows to be his daughter, granddaughter. mother. sister, aunt or niece, he commits an offence. namely incest, and shall be liable to imprisonment for fi vc- year~.

(3) ll is no defence to a charge of incest under this section that the female consented to the act of carnal knowledge.

18311. ( 1) If a female person of the age of sixteen years or over consensually permits a male person whom she knows to be her father. grandfather, son, brother uncle or nephew to have carnal knowledge of her, she commits an offence, namely incest, and shall be liable to imprisonment for five years.

(21 II is no defence to a charge of incest under this section that the male consented to the act of carnal knowledge.

(3) No prosecution for an offence under this section shall be instituted except with the prior written consent of the Director of Public Prosl'.cutions.

J83C. ( 1J Any person of the age of twenty-one years or over who has carnal knowledge of another person under thirteen years llf age when this other person is the step-child, foster- child, ward or dependant in the custody of the person having such carnal knowledge. shall be liable to imprisonment for fif- teen years.

Criminal Code

(2) Any person of the age of twenty-one years or over who has carnal knowledge of another person above thirteen years of age when this other person is the step-child, foster-child, ward or dependant in the custody of the person having such carnal knowledge, shall be liable to imprisonment for five years.

(3) A person shall not be guilty of an offence under this sec- tion if that person is the lawful spouse of the person of whom he has had carnal knowledge.

(4) No prosecution for an offence under this section shall be instituted except with the prior written consent of the Director of Public Prosecutions."

KIDNAPPING, ABDUCTION AND SIMILAR OFFENCES

CAP.I

184. Whoever kidnaps any person shall be liable to impris- Kidnapping onment for ten years.

185. Whoever steals any person under twelve years of age Child-siealing whether with or without his consent, shall be liable to imprison- ment for ten years.

186. Whoever is guilty of an abduction of any unmarried female under eighteen years of age shall be liable to imprison- ment for two years.

187. Whoever, being the owner or occnpier of any premises, or having or acting or assisting in the management or control thereof, induces or knowingly suffers any female of such age as is in this section mentioned to resort to, or be in or upon the premises for the purpose of being unlawfully and carnally known by any person, whether the carnal knowledge is intended to be with any particular person or generally, shall-

(a) if the female is under thirteen years of age, be liable to imprisonment for fifteen years; and

(b) if the female is of or above thirteen and under sixteen years of age, be liable to imprisonment for two years:

Provided that it shall be a sufficient defence to any charge under this section if it is made to appear to the Court or jury that

Abduction of urunanied female under eighteen

Householder. &c .. permitting defilement of young female on his premises

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Cri111i11ul Code

th(' aL·cuscd p('r.-.on haJ reasonable cause to believe that the fcmak· wa:-. of or ahove sixteen years of age.

188. Whocwr---

(U) procure:-. any fcmak unJer twenty-one years of age to ha,c unlawful carnal connection, either within or with- out Her Majesty's Dominions. with any other person;

t/)} procures any female to bec0111e, either within or without l kr t\.1ajcsty"s Dominions. a common prostitute;

proL·urcs any female to leave this State, with intent that she may become an inmate of a brothel elsewhere;

(di procures any female to leave her usual place of abode in this State with intent that she may, for the purposes of prostitution. hecome an inmate of a brothel, either within or without Her Majesty's Dmninions.

shall he liahk· h> irnpri!-.onment for two years:

Prm idcd that nD per,on shall be convicted of any offence under thi:-. section upon the evidence of one witness, 'Jnless the \Vitness is corrohorate<l in some material particular by evidence implicning the accused person.

18'). Whoc,·er by force takes away or detains against her will any fc111ak of any age. with intent to marry or carnally know her. or hJ cau:-.L' her to be married or carnally known by any other pt:r~on. shall bt:' liable to imprisonment for ten years.

190. Whucver detains any female against her will--

(ll J in or upon premise, with intent that she may be unlaw- fuily and carnally known by any man whether any par- ticular man or generally: or

i/,1 in a brothel.

:-.hall he liahk tu impr!sonmcnt for Lwo years.

\Vl1L'1\~ a female is in or upon any premises for the purpose of haYing any unlav-.tul carnal i.:onnection. or is in any brothel, a pt:rsnn :-.hall be deemed to detain her in or upon the premises or in the brothel. if with intent to compel or induce her to remain therein the person withholds from her any wearing apparel or

Criminal Code

other property belonging to her or, where wearing apparel has been lent or otherwise supplied to her by or by the direction of such person, the person threatens her with legal proceedings if she takes away with her the wearing apparel so lent or supplied.

No legal proceedings whether civil or criminal shall be taken against any such female for taking away or being found in pos- session of any such wearing apparel as was necessary to enable her to leave the premises or brothel.

. 191. Whoever by duress causes any person to marry against his or her will, shall be liable to imprisonment for two years.

192. Whoever. knowing that any of the offences mentioned in the eight last preceding sections has been committed in the case of any person abets the unlawful detention of the person, or otherwise abets the execution of the intent with which that offence was committed, shall be deemed guilty of that offence.

193. Whoever, being bound by law or by virtue of any agree- ment or employment, to keep charge of or to maintain any child under five years of age, or being unlawfully in possession of any such child, abandons the child by leaving it at a hospital, or at the house of any person, or in any other manner, shall be liable to imprisonment for two years.

DEFINITIONS AND SPECIAL PROVISIONS

194. Rape is the carnal knowledge of a female of any age without her consent.

195. Whenever, upon the trial of any person for an offence punishable under this Book, it is necessary to prove carnal knowledge, the carnal knowledge shall be deemed complete upon proof of any the least degree of penetration only.

196. If a female is compelled to marry another person by such duress as avoids the marriage or makes it voidable, the marriage is of no effect for the purpose of Book I. of this Code with respect to consent.

CAP.I

Compulsion of marriage

Special provisions as to abetment

Abandonment of infant

Definition of rnpe

Evidence of rape &c.

Effect of avoidance of marriage as regards consent

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Crimi,wl Code

197. It is no Jc-fence to a charge of an indecent assault on a pcr~on unJa the age of thirteen years. to prove that he or she com,L~nted to the act of indecency.

198. A person is guilty of kidnapping-

(a I who unlawfully imprisons any person. and takes him out of 1hc juri...,diction of the Court, without his consent; or

ibJ "]]() unlawfully imprisons any person within the juris- diction of the Court, in such a manner as to prevent him from applying to a Court for his release or from discov- ering to any other person the place where he is impris- oned. or in such a manner as to prevent any person enti- tled to have access to him from discovering the place \\·here he is impri ....oned.

199. I 1J A person is guilty of abduction of a female who, with intent to deprive of the possession or control of the female any pl"r.-..on entitkd thereto. or with intent to cause her to be marrit:'d to. or carnally known by, any person-

laJ unlawfully takes her from the lawful possession, care or charge of any pcr~on: or

(h) detains her from returning to the lawful possession, care or charge of any person.

I2 J The possession. control. care or charge of a female by a parent. guardian or otha person shall be held to continue. notwithstanding that the female is absent from his actual pos- st:ssion. control. care or charge, if the absence is for a special purpose only. and is not intended by the parent. guardian or other person tu cxd uUe or determine such possession. control, carc or charge for the time being; but a person is not guilty of abduction by taking or detaining a female unless he knew, or had groundt- for believing that she was in the possession, con- trol. ~.-arc or charg~ of some other person.

200. 11 J A per«rn is guilty of stealing another person-

(u J who kidnaps him: or

i/JJ w]l() unlawfully takes or detains him, with intent to dcpri 1·c of the possession or control of him any person

Criminal Code

entitled thereto, or with intent to steal anything upon or about his body or with intent to cause any harm to him.

(2) For the purposes of this section, it is not necessary to prove that the person stolen had been taken from the possession, care or charge of any person, if it is shown that some person, other than the accused person, was entitled to the control or possession of the person stolen.

201. For the purposes of the sections of this Title relating to child-stealing and abduction-

(a) it is not necessary that the taking or detaining should be without the consent of the person taken or detained, and it suffices if the person is persuaded, aided or encour- aged to depart or not to return;

(b) it is not necessary that there should be an intent perma- nently to deprive any person of the possession or control of the person taken or detained;

(c) a taking or detention is unlawful unless some person entitled to give consent to the taking or detention of the person taken or detained, for the purposes for which he is taken or detained, gives consent to the taking or deten- tion for those purposes;

(d) a person having the temporary possession, care, or charge of another person for a special purpose, as his attendant, employer, or schoolmaster, or in any other capacity, can be guilty of stealing or abduction of that person by acts which he is not authorized to do for such special purpose, and he cannot give consent to any act by another person which would be inconsistent with such special purpose; and

(e) notwithstanding the general provisions of Book I. of this Code with respect to mistake of law, a person is not guilty of stealing or of abduction of another person by anything which he does in the belief that he is entitled by law as a parent or guardian, or by virtue of any other legal right, to take or detain the other person for the pur- poses for which he takes or detains him: but this rule shall not be construed to exempt a person from liability

CAP.I

Sped& prov1s1ons as to child- stealing and abduction

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Criminal Code

to punishment on the pica that he did not know or belie, e. or had not the means of knowing. that the age of the oth.;r p~r~on was under twe1ve or sixteen years, as the case· may be: nor to exempt a person from liability to punishment as for stealing or abduction if he took or Lh:tainl:'d the other person for any immoral purpose.

202. Where. on the trial of any offence under this Title, it is JHO\'~d. to thc satisfaction of the Court, that the seduction or pro:-.titution of any female under sixteen years of age has been caused, i..·ncouragcd. or favoured by her parent, guardian, mas- ter. or mistress. it shall be in the power of the Court to divest the parent. guardian. master or mistress of all authority over her, and to appoint any person or persons willing to take charge of her to he her guardian until she has attained twenty-one years of a~c. or anv a~e hdow this. as the Court may direct, and the c\lurt shall ha~'e the power from time to time to rescind or vary the order hy thc- appointment of any other person or persons as guardian. or in any other respect.

203. ( 1) Wlwre. on the hearing or trial of any charge for an offence undc'r this Title. the female in respect of whom the crime is chargL"J to have bL"en committed. or any child of tender· yt.!ar:-. who is tt.!ndcreJ as a witness. does not, in the opinion of the l'vlagistratt' or of the Court. understand the nature of an oath, the evidcm·e of ,u,·h female or child may be received, though not gi vcn upm1 oath. if. in the opinion of the Magistrate or of the Cuurt. as the case may be. such female or child is possessed of .sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth:

PruvideJ that no person shall be liable to be convicted of the llffence unkss the testimony admitted by virtue of this section and given on bd1alf of the prosecution is corroborated by some oth1,.'f material evidence in support thereof implicating the accu:-.1,.·J person:

Pro\'iLkd also. that any witness whose evidence has been admiucd under this section shall be liable to indictment and punishment for perjury in all respects as if she or he had been sworn.

Criminal Code

(2) Where the victim of a crime referred to in subsection (1) is a child of tender years, the corroboration that is needed under the first Proviso to subsection (I) shall not be confined to oral evidence given by a witness other than that child but shall include circumstantial evidence or any such other evidence as the Magistrate or the Court may find to be supportive of the tes- timony of that child.

203A. Where the imprisonment for any crime under this Part involving indecency or carnal knowledge is less than ten years, if that crime has been committed against a person who is a child of tender years, the penalty shall be not less than ten years.

204. (]) If it appears to any Magistrate, on information laid before him upon oath by any parent, guardian, or relative of any female or by any other person who, in the opinion of the Magistrate, is bona fide acting in her interest, that there is rea- sonable cause to suspect that she is unlawfully detained for immoral purposes by any person in any place within his juris- diction, he may issue a warrant authorizing any person named therein to search for her, and, when found, to take her to and detain her in a place of safety until she can be brought before him or some other Magistrate; and the Magistrate before whom she is brought may cause her to be delivered up to her parents or guardian, or to be otherwise dealt with as circumstances may permit and require.

(2) The Magistrate issuing the warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining the female to be arrested and brought before him or some other Magistrate, and proceedings to be taken for punish- ing the person according to law.

(3) A female shall be deemed to be unlawfully detained for immoral purposes if she is so detained for the pwpose of being unlawfully and carnally known by any person, whether any par- ticular person or generally, and either-

(a) is under sixteen years of age;

(b) if of or about sixteen years and under eighteen years of age, is so detained against her will, or against the will of

CAP. I

Special punishment regarding certain crimes committed against child of tender years

Power of search for female detained for immoral purposes

P. I

II,!

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rJ,·,1d!~ '()f

Criminal Code

her parent or of any other person having the lawful care or L·harge of lwr; or

(cl if of or ah1...>ve eighteen years of age, is so detained against hi."'.r \.Vill.

I•) Any person who is authorized by warrant under this sec- tion 10 sC"arch fnr any female so detained may enter (if need be bv force J any hnuse, building, or other place mentioned in the \\:~trrant. and may remove her therefrom.

(5 I Evcrv warrant issued under this section shall be addressed 10· ,md executed by the Chief of Police or some offi- cer of police not lower in rank than sergeant, who shall be accompanied by the parent. guardian, or relative of the female, or other person laying the information, if that person so desires, unk:-.s the .Magistrate otherwise directs.

TJTLEXVII

CRl~llNAL HARM TO THE PERSON

205. Wllllever intentionally and unlawfully causes harm to any person shall be liable to imprisonment for three years.

206. Whoever intentionally and unlawfully causes a wound lo any person shall be liable lo imprisonment for four years.

207. Whoever intentionally and unlawfully causes grievous harm to any person shall be liable to imprisonment for five years.

208. Whoe,·er intentionally and unlawfully causes a maim or any dangerous harm to any person shall be liable to imprison- ment for fi ftct:n y~.m...

209. Whuever u,e, any explosive, corrosive, deadly, or Lkslructi\'c means or instrument, sha1l-

(lll if he does so with inlent unlawfully to cause harm to any person. be liable to imprisonment for five years;

Criminal Code

(b) if he does so with intent unlawfully to wound or to cause grievous harm to any person, be liable to imprisonment for ten years; or

(c) if he does so with intent unlawfully to maim or to cause dangerous harm to any person, be liable to imprisonment for fifteen years.

210. Whoever unlawfully and knowingly administers any noxious matter to any person shall be liable to imprisonment for two years.

211. Whoever commits any of the offences mentioned in the preceding sections of this Title, with intent to facilitate the com- mission of any crime by himself or by any other person, or with intent to hinder the arrest or detention of himself or of any other person for any crime, or with intent to hinder the discovery of any crime, or with intent to enable himself or any other person to escape from legal custody, whether for a crime or for any other cause, shall-

(a) if the crime is a felony, be liable to imprisonment for a term which may exceed by seven years the term for which he is otherwise liable to such imprisonment; or

(b) in any other case, be liable to imprisonment for five years.

212. Whoever, with any of the intents mentioned in the last preceding section, and by means of choking, suffocating, or strangling, or by any other violence or by means of any stupefy- ing or overpowering drug, gas, or other matter, renders or attempts to render a person unconscious or insensible or physi- cally incapable of resistance, shall be liable to imprisonment for fifteen years, and, in the discretion of the Court, to flogging.

213. Whoever causes the safety of any vessel to be endan- gered, with intent to cause harm or danger of harm to any per- son, shall be liable to imprisonment for fifteen years.

214. Whoever in any manner unlawfully interferes with or obstructs. the working of any lighthonse, beacon, buoy, signal, or other apparatus or thing, which is used or maintained for the

CAP. I

Administer- ing noxious matter

Committing certain offences with matter of aggravation

Garroting, &c.

Intentionally endangering vessel

Interference with signal, &c.

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Criminal Code

- ----- -- --------- safrt) of 11aYigation. whether on the sea or on a river or other w,ttcr. shall. although he does nut intend to cause harm or dan- ger of harm to any person, be liable to imprisonment for two year:,,,.

215. {I) \\'hon·er in constructing or repairing any vessel, or any fittings nr machinery for a vessel. knowingly u.~es such materials. or so Uoes any work, or so conceals any defect, as that the safety of the vessel or of any person on board the ves- sel. is likdy to be endangered, shall be liable to imprisonment for tt'n yL"ars.

(21 Wlwe,er supplies for use on board any vessel any med- ical or ~urgical :,,,tore;', or instrument!'.,, or any life-belt or appara- tus for saving life. of such inferior quality or in such a condition as Lo be substantially unfit for the purposes for which the same. are or is supplied or as to be likely to endanger life, shall, if he dues so knnwint!,ly. be liable to imprisonment for five years or shall. if he doe, so negligently, be liable to imprisonment for two )l"ars.

216. Whoever unlawfully exposes or abandons any child, under seYl"n yl'ars of age. in such a manner that any grievous harm is likely to he caused to it, shall be liable to imprisonment for fi ye years.

217. Whuever negligently anJ unlawfully causes harm to any person ,hall be liable to imprisonment for one year.

21~. \Vhoever negligently and unlawfully causes grievous harm tu any person shall be liable to imprisonment for eighteen llllHlth-".

219. Whoc'\W-

(a J bc11H! ~oldv or partly in l'harge of any steam-engine, machinery, ship. boat, or dangerous thing or matter of any kind:

(h) ha\·ing_ undertaken or being engaged in medical dr surgi- l'al treatment of any person: or

Criminal Code

(c) having undertaken or being engaged in the dispensing, supplying, selling, administering, or giving away of any medicine or any poisonous or dangerous matter,

negligently causes harm to any person, or negligently endangers the life of any person, shall be liable to imprisonment for two years.

220. Definitions and Special Provisions.

In this Code-

"dangerous harm" means harm endangering life;

"grievous harm" means any hatm which amounts to a maim or dangerous harm as herein defined, or which seriously or permanently injures health, or which is likely so to injure health, or which extends to perma- nent disfigurement or to any permanent or serious injury to any external or internal organ, member, or sense;

"harm" means any bodily hurt, disease, or disorder, whether permanent or temporary;

"maim" means the destruction or permanent disabling of any external or internal organ, member, or sense;

"wound" means any incision or puncture which divides or pierces any exterior membrane of the body; and any membrane is exterior, for the purposes of this defini- tion, which can be touched without dividing or pierc- ing any other membrane.

221. Harm is unlawful which is intentionally or negligently caused without any of the justifications mentioned in Title VII. of this Code.

222. A person causes harm by an omission, within the mean- ing of this Code, if harm is caused by his omission to perform any such duty for preventing harm as in the next succeeding section is mentioned, and in no other case.

CAP.1

Definition of different kinds of hann

Definition of unlawful harm

Explanation as to causing h~~y onuss10n

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Cri111i11a/ Code

223. .-\ pers"n is under a duty to prevent harm to another pc-P,lHl-

(U) if he is under a duty. as mentioned in the next succeeding :-.cction. to ~upply a person with the necessaries of health anJ life: or

(In if he i, otherwise under a duty. by virtue of the provi- sions of any statute. or by virtue of any office or employ- m,·nt. or by virtue of a lawful order of any Court or per- son. or hy virtue of any agreement or undertalci.ng, to do any act for the purpose of thereby averting harm from any person. whether a~certained or unascertained.

22-t ii) A man is under a duty to supply the necessaries of health and life to hi, wife. being actually under his control, and to hi!-. legitimate or illegitimate child, being actually under his cllntrnl ~md not bl'"ing of such age and capacity as to be able to obtain ,such necessaries. A guardian is under the like duty with respcct to his ward. being actually under his control.

(2) A woman. upon being delivered of a child, whether legit- in1atc or illegitimate. is under a duty. so far as she is able, to summon a~sistancc and to do all such other acts as are neces- sary and reasonable for preserving the child from harm by exposure. exhaustion. or otherwise by reason of its condition as a newly-born child. She is also under a duty, so far as she is abk. to support and take reasonable care of the child, being under her LlH1lrol or in her care or charge. until it can safely be weaned.

(3) A person who, by virtue of office as a gaoler, relieving officer. or otherwise. or hy reason of the provisions of any statute. is bound to supply any of the necessaries of health and life h> a per,on. is under a duty to supply them accordingly.

(-1-) A pcrson who wrongfully imprisons another person is umlcr a duty to supply him with the necessaries of health and life.

(51 A person who has agreed or undertaken to supply any of the nece"aries of health and life to another person, whether as his servant. apprentice. or otherwise. is under a duty to supply them i.l(L'1111lin~ly.

Criminal Code

(6) If a person is under a duty as hereinbefore in this section mentioned and he has not the means for performing the duty, and there is any person or public authority bound to furnish him with the means, he is under a duty to take all reasonable steps for obtaining the means from that person or authority.

(7) If a person, being under a duty to supply any of the nec- essaries of health and life to another person, lawfully charges his wife, servant, or any other person with the supply of such necessaries, and furnishes the means for that purpose, the wife, servant, or other person so charged is under a duty to supply such necessaries accordingly.

(8) "Necessaries of health and life" includes proper food, clothing, shelter. warmth, medical or surgical treatment, and any other matters which are reasonably necessary for the preser- vation of the health and life of a person.

225. (I) Where, under the provisions of either of the two last preceding sections, a duty is constituted by an office, employ- ment, agreement, or undertaking, the duty is sufficiently consti- tuted in the case of a person who is actually performing the functions belonging to the office or employment, or who is act- ing as if he were under such an agreement or undertaking with respect to another person.

(2) No person is excused from liability for failure to perform a duty within the meaning of either of the two last preceding sections, on the ground that another person is also under the same duty, whether jointly with him or independently of him, and whether on the same or on a different ground.

226. The general provisions in Book I. of this Code with respect to causing an event are, in their application to the mat- ters of this Title, subject to the following explanations and mod- ifications, namely-

(a) a person shall not be deemed to have caused harm to another person by omitting to supply him with the neces- saries of health and life, unless it is proved against him that the other person, by reason of his age or physical or mental state, or by reason of control by the accused per-

CAP.I

Explanations as to office, &,.

Exceptions from general provisions as to causing an event (sees. 129)

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Criminal Code

--------· --- Sllll. nrnlJ nol by rca~unable exertion have avoided the han1L

(/JJ di ...c-a:-.c ur disorder which a person suffers as the inward dJcct df hi .... grief. terror, or other emotion shall not be deemed lU be harm cau:-.cd by another person. although the grief. tcrnn or emotion has been caused by him, whclht'r wi1h intent to cau.:-.e harm or otherwise:

(cJ harm which a person suffers by execution of a sentence of a Court in consequence of a prosecution instituted, or procurl.'J. or of evidence given or procured to he given, by anotlwr person. whether in good faith or not. shall not bi.? dct'med to han:- been caused by that other person; and

td) t'X(L'J)I a:-. in this :-.ecti\)ll expre.-.,~ly provided, a person ,hall not be excuseJ from liability to punishment for L'ausing_ harm 10 another person or be acquitted of having caused harm to another person. on the ground that the tHhc-r pcrM)ll. by his o\vn trespass. negligence, act, or omission, contributed to causing the harm.

227. Wher,· any person in good faith. for the purposes of me<lical or sUQ!ic~tl treatment. intentionally causes harm to another pL'rsnn, which in the exercise of reasonable skill and prt:'caution according to the circumstance~ of the case, he ought to ha,·c km>\\'n to be plainly improper. he shall be liable to pun- ishmelll as if he had cau,ed the harm negligently. within the meaning of thi.\ CoJe, and not otherwise.

228. If a person intentionally hinders any other person from escapin1,'. from a wrecked vessel, or from lawfully protecting himself or any ntlwr person against harm in any case, he shall bt dCL'lllL'J to have intentionally caused any harm which hap- pens to ~ud1 other person by reason of his being so hindered.

229. 1"or the- purpo~e~ of this Code, expressions referring to poison or to no.xious matter include matter which is poisonous or noxiou..... only by rca:-.on of the quantity taken or administered, or of tll~ c-in.·umstancc:-. under which it is taken or administered, or of the ,late of health or the peculiar bodily character of the pcr:-.011 by whom it is taken or to whom it is administered.

Criminal Code

TITLE XVIII

CRIMINAL HOMICIDE AND SIMILAR OFFENCES

230. Whoever commits murder shall be liable to suffer death:

Provided that sentence of death shall not be pronounced on or recorded against a person convicted of murder if it appears to the Court that at the time when the offence was committed he was under the age of eighteen years; but, in lieu of such punish- ment, the Court shall sentence the juvenile offender to be detained during Her Majesty's pleasure, and, if so sentenced, he shall, notwithstanding anything in the other provisions of this Code or the provisions of any other Law or Act, be liable to be detained in such place and under such conditions as the Governor-General may direct, and whilst so detained shall be deemed to be in legal custody.

231. Whoever attempts to commit murder shall be liable to imprisonment for fifteen years.

232. Whoever commits manslaughter by negligence shall be liable to imprisonment for five years; and whoever commits manslaughter in any other case shall be liable to imprisonment for fifteen years.

233. Whoever attempts to commit suicide is guilty of a mis- demeanour, and whoever abets the commission of suicide by any person shall, whether or not the suicide be actually commit- ted. be liable to imprisonment for fifteen years.

234. Whoever intentionally and unlawfully causes abortion or miscarriage shall be liable to imprisonment for ten years.

235. (I) Where a woman by any wilful act or omission caus- es the death of her newly-born child, but at the time of the act or omission she had not fully recovered from the effect of giving birth to such child, and by reason thereof the balance of her mind was then disturbed, she shall, notwithstanding that the cir- cumstances were such that but for this Act the offence would have amounted to murder, be guilty of felony. to wit of infanti-

CAP.I

Murder. Proviso

Attempt to commit murder

Manslaughter

Attempt to commit and abetment of suicide

Abortion

Causing hann to child at birth

P. I

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Criminal Code

ciJc•. anJ ma) for ,uch offence be dealt with and punished as if she had been guilty of the offence of manslaughter of such child.

121 Where upon the trial of a woman for the murder of her nc·wly-h,>rn chilJ. the jury are of opinion that she by any wilful act or omission L'au:-.ed its <lL'ath. but that at the time of the act or nmission she had not fully recovered from the effect of giving birth to ,uch child. and that by reason thereof the balance of her mind was then disturbed, the jury may, notwithstanding that the circwm,tan(L's were such that but for the provisions of this Act thcy might han.~ 1eturned a verdict of murder, return in lieu thereof a ,·cn.lict of infanticiJe.

L1) Nothint,' rn this Act shall affect the power of the jury upon an inJiclmL'nt for the murder of a newly-born child to re-turn a ,·crdict uf manslaughter or a verdict of guilty but insane. or a vi:rdict of concealment of the body of a child, in pursuanCL' nf section 2-.t.O of this Code.

1-l) The said section 240 shall apply in the case of the acquit- tal of a \\'l>man upon indictment for infanticide as it applies upon the acquillal of a woman for murder.

2311. Wlwevc·r rnnceals the body of a child, whether the child was horn alive or nol. with intent to conceal the fact of its birth, l:"\ist1...·nn·. or death. or the manner or cause of its death, shall be liabk to imprislHlmcnL for two years:

Provided that if any person tried for the murder of a child shall be acquitted thereof. it shall be lawful for the jury by whose \'l'rJict sw.:b person shall be acquitted to find, in case it shall ..... o appl·ar in c\'idc11L·e. that such person did endeavour to conceal the body of such child. with intent to conceal the fact of - its hirth. l'xi:-.knn··. or death or the manner or cause of ii:s death, and then.-upon thl' Court may pass such sentence as if s·Jch per- son had bccn convi..:tcd upon an indictment for the concealment of the body of such chilJ:

Provided further that the provision of section 30 of the Jury Act \\ ith rc·ganl to a majority verdict shall apply, to a verdict of concealment of the body of a child.

Criminal Code

DEFINITIONS AND SPECIAL PROVISIONS

237. Whoever causes the death of another person by any unlawful harm is guilty of manslaughter. If the harm was negli- gently caused, he is guilty only of manslaughter by negligence.

238. Whoever intentionally causes the death of another per- son by any unlawful harm is guilty of murder, unless his crime is reduced to manslaughter by reason of such extreme provoca- tion, or other matter of partial excuse, as in the next succeeding section is mentioned.

239. A person who intentionally causes the death of another person by unlawful harm shall be deemed to be guilty only of manslaughter, and not of murder, if any of the following matters of extenuation are proved on his behalf, namely-

(a) that he was deprived of the power of self-control by such extreme provocation given by the other person as is mentioned in the next succeeding section; or

(b) that he was justified in causing some harm to the other person, and that, in causing harm in excess of the harm which he was justified in causing, he acted from such terror of immediate death or grievous harm as in fact deprived him for the time being of the power of self-con- trol; or

(c) that, in causing the death, he acted in the belief, in good faith and on reasonable grounds, that he was under a legal duty to cause the death or to do the act which he did; or

(d) in the case of a woman who causes the death of her child recently born, that, although she was not insane, she was deprived of the power of self-control by a disease or dis- order of mind produced by childbearing.

240. The following matters may amount to extreme provoca- tion to one person to cause the death of another person, namely-

(a) an unlawful assault and battery committed upon the accused person by the other person, either in an unlawful

CAP. I

Definition of manslaughter

Definition of murder

Cases in which intentional homicide is reduced to manslaughter

Matters which amount to provocation

.I'. I

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Jud,·d

( ·rimina/ Code

ri~ht or othcn~.:i:-.c. which is of such a kind, either in rL'~'>p.:1.:t of it:-. vioknce or by rea~on of accompanying words. gestures. or other circumstances of insult or ".s!gra,·ation. as lo he likely to deprive a person. being of ordinary charach:'r. anJ being in the circumstances in which thL' ai..:cu:-.cd per:-.on was. of the power of self-con- tnll:

1/,1 the "'"'mplion hy the other person, at the commence- ment of an unlawful fight. of an attitude manifesting an intention of instantly attacking the accused person with tkadly or dangerous means or in a deadly manner;

1c I an act uf adultery commilled in the view of the accused per:-.on with or by his wife or her husband, or the crime of unnatural carnal knowledge committed in his or her \·ic-w upon his or her wife or child; and

1<11 a \·il)icnt a.-.sault and battery committed in the view or pn::-.c-11Cc of the accm,ed person upon his or her wife, hus- band. chi!J. or parent. or upon any other person being in the prcsenc.:- and in the care or charge of the accused per- ,\Oil.

2-il. 1I) Notwithstanding proof on behalf of the accused per~on of ~uch matter of extreme provocation as in the last pre- ceding section is mentioned. his crime shall not be deemed to be 1h(reby reduced to manslaughter if it appears, either from the evidence given ^( �l his behalf or from evidence given on the part of thl? prosecution--

I" J that he was not in fact deprived of the power of self-con- trol by the provocation: or

(/>) that he acted wholly or partly from a previous purpose to cause death or harm or to engage in an unlawful fight, whether or not he would have acted on that purpose at the time or in the manner in which he did act but for the pruvocation: or

tel that. after the provocation was given, and before he did the act which caused the harm. such a time elapsed or such circun1stance~ occurred that a person of ordinary character might have recovered his self-control: or

Criminal Code

(d) that his act was, in respect either of the instrument or means used or of the cruel or other manner in which it was used, greatly in excess of the measure in which a person of ordinary character would have been likely under the circumstances to be deprived of his self-con- trol by the provocation.

(2) Where a person, in the course of a fight, uses any deadly or dangerous means against an adversary who has not used or commenced to use any deadly or dangerous means against him, if it appears that the accused person purposed or prepared to use such means before he had received any such blow or hurt in the fight as might be a sufficient provocation to use means of that kind, he shall be presumed to have used the means from a previ- ous purpose to cause death, notwithstanding that, before the actual use of the means, he may have received any such blow or hurt in the fight as might amount to extreme provocation.

242. A lawful blow, arrest, or other violence may be a provo- cation, notwithstanding its lawfulness, if the accused person neither believed, nor, at the time of his act, had reasonable means of knowing or reasonable grounds for supposing, that it was lawful.

243. Where a sufficient provocation has been given to the accused person by one person, and he kills another person under the belief, on reasonable grounds, that the provocation was given by him, the provocation shall be admissible for reducing the crime to manslaughter in the same manner as if it had been given by the person killed; but, except as in this section men- tioned, provocation given by one person is not a provocation to kill a different person.

244. The general provisions in Book L of this Code with respect to causing an event are, in their application with respect to the causing of death by harm, subject to the following expla- nations and modifications, namely-

(a) the death of a person shall be held to have been caused by harm if, by reason of the harm, death has happened otherwise or sooner, by however short a time, than it would probably have happened but for the harm;

CAP.I

Mistake as to matter of provocation

Mistake as to person giving provocation

Special provisions as to causing death (sees. 45)

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Criminal Code

(/JJ i( i, immaterial that the harm would not have caused the 1xor,011·, death but for his infancy. old age. disease, intoxication or othl.:'r state of hody or mind, at the time wh1..~11 the harm was caused;

(c J it i, immaterial that the harm would not have caused the pcrson \ di::.nh but for his refusal or neglect to submit to or se~k proper medical or surgical treatment, or but for his negligent or improper conduct or manner of living or of treating the harm. unless it is made to appear that the per,on acted '" he did with the purpose of causing his own dc-ath:

u/1 death shall be held to have been caused by harm if the death is caused hy the medical or surgical treatment of the harm. unless such treatment ibelf amounts to murder or manslau~htcr; and

(cl death shall not be held to have been caused by harm unkss the death rakes place within a year and a day of the- harm bi:ing caused.

2.is. The general provisions in Book L of this Code with re-:-.pcct to abetment are. in their application for the purposes of thi, Titk. ,ubject to the following special provision, namely, where a per-'Oll commands the killing of another person, know- ing that the killing will be unlawful. then. although the offence of the person so L·ommanded be reduced to manslaughter, or to an attempt to commit manslaughter, by his belief that he was under a legal duty to obey the command, the person giving the command is guilty of the same offence as if the person com- manded had not believed himself to he under a legal duty to obey the L'Omniand.

2.i,,. 1I) 1n orJer that a child may be such a per,on that it mav be murJer or manslaughter to cause its death, it is neces- ,ar;. that. before its death. the child should have been complete- ly l;rou)!ill forth ,dive from the body of the mother.

(21 It i, not nece"ary either that a circulation of blood, inde- pendent of th..:- mother's circulation, should have commenced in the d1ild. or that the child should have breathed, or that it should h,l\·c been detached from the mother by severnnce of the

Criminal Code

umbilical cord; and it is murder or manslaughter, as the case may be, to cause death to happen to a child after it becomes a person, within the meaning of this section, by means of harm caused to it before it became such a person.

247. (I) The offence of causing abortion or miscarriage of a woman can be committed either by that woman or by any other person; and that woman or any other person can be guilty of using means with intent to commit that offence, although the woman is not in fact pregnant.

(2) The offence of causing abortion can be committed by causing a woman to be prematurely delivered of a child, with intent unlawfully to cause or hasten the death of the child.

248. (I) Where harm is caused to a child during the time of its birth, or where, upon the discovery of the concealed body of the child, harm is found to have been caused to it, the harm shall be presumed to have been caused to the child before its death; and

(2) The expression "during the time of birth" includes the whole period from the commencement of Jabour till the time when the child so becomes a person as that it may be murder or manslaughter to cause its death.

249. (I) Any secret disposition of the body of a child whether it be intended to be permanent or not, may be a con- cealment.

(2) The abandonment of the body of a child in any public place may be a concealment, if the body is abandoned for the purpose of concealing the fact of its birth or existence.

(3) Section 240 shall not apply to the case of a child of Jess than six months' growth before its birth.

(4) Section 240 shall not apply to the case of intent to con· ceal the birth, existence or death of a child, or the manner or cause of its death, from any particular person or persons only, but it is requisite that there should be an intent to conceal the same from all persons, except such persons as abet or consent to the concealment; and

CAP.I

Explanation as to causing abortion

Explanation as 10 causing harm to child at birth

Explanation "to concealment ofbodyof child

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Criminal Code

151 The provisions of section 240 apply as well to the mother l)f tht: L·hild as to any other person.

250. 1I I Where any person does an act in good faith, for the purposl.' of medical or surgical treatment, an intent to cause Jeath shall not be presumed from the fact that the act was or appeared likely to cause death.

t~J Any act which is done, in good faith and without negli- genCL'. for tht' purpose of medical or surgical treatment of a pregnant \\'oman is justifiable, although it causes or is intended to cause abllrtion or mi~carriage. or premature delivery, or the Jeath of the child.

251. Where harm is unlawfully caused to a person within the jurisdic1ion uf the Court, and his death is thereby caused, but the Jeath happens beyond the jurisdiction of the Court, any per- son who is guilty of having caused or abetted the causing of the harm may be tried and punished under this Code for murder or man,laug.htcr as if the death had happened within the jurisdic- tion.

TITLE XIX

LIBEL

252. (I) Whoever is convicted of negligent libel shall be liahk to imprisonment for six months.

(2 I Whoever is convicted of intentional libel shall be liable to imprisonment for two years.

DEFINITIONS AND SPECIAL PROVISIONS

25J. A person is guilty of libel who, by print, writing, paint- ing. effigy or by any mean~ otherwise than solely by gestures, spoken words. or other sounds, unlawfully publishes any defamatory matter concerning another person, either negligently or with intent to <.kfame that other person.

25-1. (I) Matter is defamatory which imputes to a person any crime. or misconduct in any public office, or which is likely to

Criminal Code

injure him in his occupation, calling or office, or to expose him to general hatred, contempt or ridicule.

(2) In this section, "crime" means any offence punishable on indictment under this Code, and any act punishable on indict- ment under any law in force within the jurisdiction of the Court, and also any act, wheresoever committed, which if committed by a person within the jurisdiction of the Court, would be pun- ishable on indictment under any law.

255. (I) A person publishes a libel if he causes the print, writing, painting. effigy or other means by which the defamato- ry matter is conveyed. to be so dealt with, either by exhibition, reading, recitation, description, delivery or otherwise, as that the defamatory meaning thereof becomes known or is likely to become known to either the person defamed or any other per- son.

(2) It is not necessary for libel that a defamatory meaning should be directly or completely expressed; and it suffices if such meaning and its application to the person alleged to be defamed, can be collected either from the alleged libel itself or from any extrinsic circumstances, or partly by the one and part- ly by the other means,

256. Any publication of defamatory matter concerning a per- son is unlawful. within the meaning of this Title, unless it is privileged on one of the grounds hereafter mentioned in this Title.

257. (I) The publication of defamatory matter is absolutely privileged, and no person shall under any circumstances be liable to punishment under this Code in respect thereof, in any of the following cases, namely-

(a) if the matter is published by the Governor-General or by the Senate or the House of Representatives in any offi- cial document or proceeding;

(b) if the matter is published in the Senate or the House of Representatives by the Governor-General or by any member of either house;

CAP.1

Definition of publication

Definition of unlawful publication

Cases in which publication of defamatory matter is absolutely privileged

P. I

~ Ill

h i;.Hi,,u ,,t 111.11c,r~

,:r 1, 111i,111.dl., lq.:L·d

--- · hCd b --______________-

1c J if the Jllattcr is p,Jl,IIS y Order of the Govcrnor-

Gl'ncral: . . .. ,uhJi:-,h~? c_oncernin . . if the n1atte1 is 1,. I Jiscipline for tgha person subject tod

• . _ r n;.l\ ·1 . • e tirn b • an1l11l1tar) 0 . ·onJLlct a:-, a Person sub· e eing,. . rdatcs t<> 111s c bl1· sheJ by so111e Pe . ject to such d1sc1-

. J · - pu · ·I rson ha · hontYPlme. ;.u1 i:-, _ ~ •1 of sLh... 1 conctu Vmg aut- rcspc• · ct, and t rsonO\'cr him in _.' , ov~r hiHl In respect of o sorne pe h-tvin" auth<ll 11) such conduct:

~ 1·-11•Jbya- - ,,uh is e person acr . di if the matter 1' ..1 Judge or Mag· Ing in any JU -. Jin" as , istrate rneYL"Jal procet' c . ibliC prosecut • or as Atto . Gc11L~ral or othc-1 pt or, or as a juror or wit-

(eJ

ness: . blishcd is Ill fact a fai .

(/) if the Jllatter pu bl" ·hcd in the S r repon of anything said. Joni: or pu i:-, enate or the House of RtprcsC'ntati vcs:

bl" hin° the mat (g I if the person pu is ~ ter is legally bound to

pubfo,,h it: or _. _ . _1·uc. and if it is found b . ·1i/lJ ,1 the matt,CI ts .'. benefit that it sh y the Jury that I Was for the public ould be published.

- ·s absolute! · (2 J Where a publicauon \ Ti;Ie Ypnvileged, it is imma-

tenal for the purposes ol tlu. f ti. (notw11hstandmg any of the general ,,ruvisions of Book I. o us Code with respect to justi- .. · h •th 'f (except as · h fhcations or excuses) w t-: t: t· 10 t e last paragraph o ii . . - , is men ionectJ the r _1c preceding suhscclIOI 10t k m~tter be true otalse, and whdher it be or be' lish nown or beheved to be false,

and whether it be or be not pub ed 10 good faith:

· · this seerProvided that nothmg 111 1011 shall exe111pt a person from anv liability w punJShment under any other Title of this Code or ·undi:r any oth~r law.

258. A publication of _defan~;t~ry matter _is privileged, on cond11ion that it was publ1'hed good faith, m any of the fol- lowing cases. na111cly---

la) if the matter published is in fact a fair repon of anything said. dom~ ur shown Jl1 a CIVIi or criminal inquiry or pro- Cl.'.L"ding bcfon: any Court:

Criminal Code

_Provided that if the Coun prohibits the publication of anY· thmg said or shown before it, on the ground that it is seditious, 1111111oral or blasphemous, the publication thereof shaII not be Privileged;

(b) if the matter published is a copy or reproduction, or i_n fact a fair abstract, of any matter which has been pre~J- ously published, and the previous publication of which was or would have been privileged under the last preced- ing section;

(c) if the matter is published by a person acting as counsel or advocate in the course of or in preparation for anY legal proceeding;

(d) if the matter is an expression of opinion in good faith as to the conduct of a person in a judicial, official or other public capacity, or as to his personal character so far as 11 appears in such conduct;

(e) if the matter is an expression of opinion in good faith as to the conduct of a person in relation to any public ques- tion or matter, or as to his personal character so far as ti appears in such conduct;

(j'J if the matter is an expression of opinion in good faith as to the conduct of any person as disclosed by evidence given in a public legal proceeding, whether civil or crim- inal, or as to the conduct of any person as a party, wit- ness or otherwise in any such proceeding, or as to the character of any person so far as it appears in any such conduct as in this subsection mentioned;

(g} if the matter is an expression of opinion in good faith as to the merits of any book, writing, painting, speech or other work, performance or act published, or publicly done or made, or submitted by a person to the judgment of the public, or as to the character of the other person so far as it appears therein;

(h) if the matter is a censure passed by a person in good faith on the conduct of another person in any matter in respect of which he has authority, by contract or other- wise, over the other person, or on the character of the other person so far as it appears in such conduct;

CA.P.1

'. I Cri1J1i1lltl Code

- -·· ---·- . hint or ace . d b1i) if the ma11 , ...1 col11P • h usat10n ma e ya per-

son in o-0 (,clrt~s.t~h •l~ainst ai~ot er_ person in respect of his

(j)

b L al ~... >f m re . condul:t i11 . • 111attc:r. '- speer of his character so. .un ·h conduct h .tar as it 'lj) ..~ rs in SUL h , to any person avmg

~ {Je~1 . r l>t erw· h aulhnrity b ·ontr,,ct n Ise, over that ot er per-

. . y '- . ·h conduct h .stm rn rc~p. ·t ot sUL . . or matter, or avmg authori1v ·b ~ '-l·i\\·' tt> inquire Into or receive complaints

' ) • d •t or matte .respecting such con uc r, or

if the matt, • . published in gooct faith for the protection er IS t. ot the b . h .of the rights or interes ' . . Per_son who pu hs es 11,

or t>f the person to whon1 11 ts PUb~1s~ed. o~ of so?1~ per- son in whom thl" person to whom 1t 1s published 1s mter- l":-.tL'd.

259. I I J A pubrcation of defamatory matter shall not be deemed to have be,.,\ made in grn)d ~aith by a person, within the

• · t . lT St'CtJQn •r ' .mcanrng ot the last precedine- · , 1 It 1s made to appear either· -

(ii) that the matter wa, untrue. and that he did not believe it to he tru~;

1hat the matter was untrue, and that he published it with- out having taken reasonable care to ascertain whether it was true or false: or

(c) that. in publishing the matter, he acted with intent to injure the person _defamed in_ a substantially greater degree or substanually otherwise than was reasonably necessary for the interest of the public or for the protec- tion of the private right or mterest in respect of which he daims to be privileged.

(2) If it is proved. on behalf of the accused person, that the defamatory matter was published _under such circumstances that the publication would have been JUsUtied if made in good faith, the publiration shall be presumed to have been made in good faith until the rnntrarv is made to appear, either from the libel itself. or from the "'·idcnce given on behalf of the accused per- son, or from n·idcncL gi\'Lll on the pa11 of the prosecution.

Criminal Code

PARTv1n

OFFENCES AGANIST RIGJiTs OF PROPERTY

TITLE)()(

MrscHIEf To PROPERTY

ARSON

260. Whoever intentionally and unlawfully causes any dwelling-house or vessel to be set on fire shall be liable to imprisonment for life.

261. Whoever intentionally anct Unlawfully causes any build- ing, whether it be completed or _,n an unfinished state, vessel, or anything in or near to any buiiding, to be set on fire. wifb intent to destroy or materially damage that or any other building, shall be liable to imprisonment for hfe.

262. Whoever intentionally and unlawfully causes any machine, crop, or other thmg_, exceeding forty-eight dollars in value, or any forest or plantatmn of trees, to be set on fire shall be liable to imprisonment for hfe.

263. Whoever uses any explosive matter with intent unlaw- fully to cause material damage to any building, or vessel, or to any bridge or road, or to any machine, or to any property exceeding forty-eight dollars m Value, shall be liable to impris- onment for life.

264. Whoever intentionally and unlawfully, in any case not otherwise in fbis Title expressly provided for, causes damage by fire or explosion to any property, shall, if the damage so caused exceeds twenty five dollars, be liable to imprisonment for fif- teen years and if harm is caused to any person, be liable to imprisonment for twenty years.

CAP.I

Arson of dwelling- house or vessel

Arson of building, &c.

Arson of machine, crop, &c.

Use of explosive matter with intent to cause damage

Causing damage by fire or explosion generally

'. 1

:, t,)

],.'.. L\:L.

~.:w a.:ture.

Crin,;,,ll/ Cude

--~~-------- ()Tl t1,R CRl~ltNAL MISCHIEF

265. \\'Jwe,·er in an)' n1a_nner intentionally and unlawfully cause~ 111:ltcrial Ja111•

1~ee~<.~ any building, or vessel, or to any brid~e ur

1 , -,nY ,nachinb >. or tuoJs exceeding twenty-four do!-

..._ . { ' • 1)' U1ldiJar~ in vaJu ~ or w ~u . . ng, structure, work, or apparatus c. 1]1'llllta1n d fconstructed. us~J. or 'wa e for the purposes o any port,

harbour, dock. cana!- n~ ..;,cater-works, or for the purpose of reg- ulatinu tli, .,,·tion ol the ·

1 or of any river, or for the purpose of

~ i.: ·... and f • ·protectino any c{1ast or rom mundat10n by sea-water or other w·,;er ,,r for the 1iurpose of the supply of water to any manura:10,.~. ,nill- maclnne_ry, o_r stream, or for the purpose o( irrigation. si1a11 t,e 1table tu llllpnsonment for ten years.

266. \\'hue,er intentionally and unlawfully causes damage to. or renders pcnnan~ntly or temporarily useless, or obstructs the working of. any hghth0_use, beacon, buoy,_ signal or other apparatus or thing. of wh~t kmct soever. which 1s used or mam- tained for the safety ol navigation. shall be liable to imprison- ment for ten year:-.-

267. WJwcver intentionally or unlawfully causes damage to, or obstructs the workmg 01 • any pole, wire or apparatus used for the purposes of any telegraph or telephone, shall be liable to · · - o yearsm1pnsonmcnt tor tw · ·

268. Whoever intentionally and unlawfully causes damage to anythinn in the course ol manufacture or of preparation for sale or to an:tl,in" manufactured or prepared for sale. or to any veg- etable 1;ruJu~e. whether growing or severed from the soil, and whether in any buildmg. yard, stack or wheresoever situate, shall. if the Jamage caused exceeds forty-eight dollars. be liable to imprisunmcnt for five years, or shall, if the damage caused is to the amount of or is less than forty-eight dollars, but exceeds four dollars and eighty cents, be liable to imprisonment for one year.

269. Wlwever intentionally and unlawfully kills, maims or wounds anv cattle. ,,r causes any damage to the amount of or exce-L"Jing lwt?nty-four dollars to any cattle, or uses poison with intent unlawfully to cause any damage to any cattle, shall be liahk· to impri:-.1.)nment for five years.

Criminal Code

270. Whoever unJawfullY da~?es any document with intent to destroy or materially dan_iag

1 t' With _a purpose to defraud or

injure any person shall be !lab e O 1tnPnsonment for five years; or shall, if it is ~ will or a document of title to land or to any · · I impnsonmemterest m anct, be liable to nt for ten years.

271. Whoever intentionally aod unlawfully causes damage exceeding twenty-four dollars to any land or to any animal or thing in any case not specially provided for in this Title. shall be liable to imprisonment for six months.

DEFJN]TIONS AND SPECIAL PROVISIONS

d "ar "272. In this Code, the war son means any offence pun- ishable under any of the first five secttons of this Title.

273. In this Title-

"building" means any structure, booth, tent, excavation, cave or other covered place, whether fixed or mov- able, which is constrllcted, used or adapted for the habitation or meetmg, or shelter of human beings, or for the keeping or shelter of any cattle or goods, or for the manufacture, keeping, or sale of goods, and any fixture in or attached to a building is a part there- of;

"dwelling-house" means _any building or vessel which, or any part of which, rs ordmarily or at the time of the alleged crime occupied by any person, whether as an owner or as a tenant, servant, trespasser or otherwise, as a sleeping-place dunng the night or any part of the night; and, for the purposes of this definition, every outhouse or covered place which communicates, by any interior or covered doorway, window, passage or other opening, with a building shall be deemed to be a part of that building, whether the doorway, window, passage or opening be used or disused, or fastened or unfastened on either or both sides, and whether the outhouse or covered place be occupied by the same person as the building or by a different person, or be not occupied by any person.

CAP.I

Damage to document

Damage in cases not provided for (sees. 94)

Definition of arum

Definition of building, &c.

• I

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." J(l!lll

,um~

( , . ~ ,de-n111i,utl ( (

- -- -- ------------------------ TITLE XXI

l\,J , , , , ,p fRAUD!.'>Al I l-<OPR1xrro:,.. AN

S , I , , 1; JJ £;,;TORT!ON• 1 L-\ .l:\(1 , I\.OBBERY ,\N , 1· stealing in ·274. 1I I Whoever is convicted o · , d , ' , any case m

which some oth1..~r punishrncnt is not provide in this Title, shall · be liable to imprisonment for five years.

12 I Whoever is convicted of being a common thief shall be liabk to imprisonment for ten years.

275. \Vho~vcr is convictcd---

(<1) of stealing anythinu ,,1· ,,,hich he had the custody, control

', " ,dtheor posscsston. or to which he h,1 means of access, by reason of any office. employment or service;

1I> I ,,f ,teal in~ from or in any dwelling-house, shop, garage, manufactnry. warehouse. or vessel.

k) of stl'aling from or in any place of worship;

idl

I<')

1}1

of stealing from the person:

of ..... tealing any cattle, not being goat or swine, the value of which calllc does not exceed two hundred dollars; or

of stL~aling any pule. wire or apparatus used for the pur- pn~es of any telegraph or telephone,

shall be liabk tu imprisonment for seven years.

275A. (I) Whoever beino a clerk. officer or servant, or a person employed or acting i; the c~tpacity of a clerk, officer or ,crrnnt. wilfully ,rnJ with intent to defraud-

(£1)

11>1

rcmo,·c-". l'Olh.:eals. <le~troys, alters. mutilates or falsifies any book. paper, writing. valuable ~ecurity or account \rhich bdong~ to or is in the possession of his employer, or has bei.?n received by hilll for and on account of his cmplll)'Cr: r,r

makc~. or concurs in irn.1king any fabe entry in, ;::,r omits 1)r altL'rs or concurs in omitting or altering any material particular f:om or in any book. document or account

criminal code

which belongs to or is in the_ P0 f;ssion of his employer, or has been received by h1mim r or on behalf of his employer, shall be liable to Prisonment for seven years.

(2) Whoever being an officer of a Pattnership, company or corporation wilfully, and with intent t~ndefraud, publishes any account, statement or prospectus relahi g to the affairs of the partnership, company or corporation w ch he knows to be false in any matenal particular,

shall be liable to imprisonment for seven Years.

276. (l) Whoever commits robber)' shaJl be liable to impris- onment for ten years.

(2) Whoever commits robber)', being armed with any offen- sive instrument, or having made anY JJreparation for using force or causing harm, shall be Jjable to impnsonment for fifteen years, and, in the discretion of the Court, to flogging.

277, (l) Whoever extorts any prop_erty from any person by means of threats shall be liable to impnsonment for five years.

(2) Whoever, for purposes of ext_ortion, accuses or threatens to accuse any other person of an mfamous offence, shall be liable to imprisonment for fifteen years.

FRAUDULENT BREACH OF TRUST

278. Whoever is convicted of fraudulent breach of trust shall be liable to imprisonment for five years.

FALSE PRETENCES AND OTHER FRAuns

279. Whoever defrauds any person by any false pretence shall be liable to imprisonment for five years.

280. Whoever intentionally destroys or causes damage to any building, vessel, goods, cattle or other thing, with the pur- pose of claiming or obtaining, or of enabling any person to claim or obtain, any moneys or compensation of any kind from any person who has insured the same, shall be liable to impris- onment for fifteen years.

CAP.I

Robbery and robbery with violence

Extortion (sees. 174)

Fraudulent breach of trust (see s. 95 (2) (a) (iv))

Fraud by false pretence (sees. 97)

Fraud as to insurance

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h,-r

Criminal Code

281. Vihm'1·er, king a clerk. servant or public oftker, and \Vhoe\'er. hL"in~ an offi~er of any partnership, company or cor- poration. docs anv of the acts hereinafter mentioned, widt intent to L'au:--.c or enabl~ any person to be defrauded, or with intent to · comn1i1 or ll) facilitate the conunis~ion, by himself or by any other J)t:rson. of any crime. that is to say-

(a) conccab, injure~. alters or falsifies any book, paper or account kept by or belonging or entrusted to his employ- er~ or to the partnership, company or corporation, or cntrustL'd to him, or to which he has access, as such l'!crk, sen·ant or officer. or omits to make a full and true entry in any account of any thing which he is bound to enter therl!in: or

lhJ publishe, any account. statement or prospectus relating to the affairs of the partnership. company or corporation, which he know, to be false in any material particular,

shall be liabk to imprisonment for seven years.

282. \Vhoe\'L'L in order to induce any person to become a pun..::ha~er or mortgagee of any land or interest in land. fraudu- lent!) conceals anv document which is material to the title to suc·h land or inter;:st. shall be liable to imprisonment for two year~.

283. 111 Whocwr--

la I obtains credit by any fraud or false pretence; or

ibJ

lei

with intent to defraud his creditors, or any of them, makes any gift, or transfer of, or any charge on any of hi~ property: or

witl1 intelll to defraud hi, creditors, or any of them, con- ceah or rc>-moves any of his property, after or within two months before the date of any unsatisfied payment or ord,'r obtained against him, shall be liable to imprison- n1L~nt for fj\·e year~.

121 Whoe\'er fraudulently issues a cheque for the purpose of obtaining credit. or in purporteJ satisfaction of a debt, or for the purpo~c of obtaining any other thing. where the credit, debt or oth~r thin~ is of a value exceeding two thousand dollars when

Criminal Code

he knows or oug~;~o know that there are not sufficient funds in the account regnrn tng Which he issues the cheque, shall be liable to irnpnso ent for five years.

(3) The provi;ionths of this section shall be in addition to any provisions of an ° er law relating to bankruptcy or insolven-

, that a person · • .cy, but so is not twice pumshable for the same act.

284. Whoever With intent to defraud-

(a)

(b)

removes, injures, alters or falsifies any boundary mark or thing serv~;t,or intended to distinguish the land or other property 1rnself, or of any person, from the land or other property of any other person; or

conceals, injures, alters or falsifies any bill of Jading invoice, manifest, receipt or other document evidencin~ the quantity, character or condition of any property, or the receipt or disposition of, or the title of any person to, any property,

shall be liable to 1111Prisonment for two years.

285. Whoever, secretly or by duress or deceit, and with intent to defrau\takes, or obtains any property from any per- son to whOrn he as pawned, pledged or otherwise bailed it, or from any person hav111g, by virtue of any execution, seizure or other process of law, the possession, custody or control thereof, is guilty of a m1sdemeanour.

286. Whoever, knowing that any execution, warrant, or other process of law has been awarded or issued for the seizure of anything belongmg to him or in his possession, custody, or con- trol, removes, conceals, or in any manner disposes of the thing, with intent to defeat or evade the execution, warrant, or other process, is guilty of a rnisdemeanour.

RECEIVING

287. (I) Whoever dishonestly receives any property which he knows to have b~en obtained or appropriated by any offence punishable under this Title shall, if the offence was a felony, be guilty of felony, or shall, if the offence was a misdemeanour, be

CAP.I

thing by fraudulently issuing cheque without sufficient funds (sees. 97 (3))

Fraud as to boundaries or documents

Fraud as to tlring pledged or taken in execution

Fraud in removing goods to evade legal process (sees. 158)

Dishonesty receiving property obtained or appropriated by indictable

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liable to the same Offc- IK l:' .

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--------- "f .

. 1 11 ent as I he hact committed the

pun1.'i 11

I- bein° a co(2) \\'hocva is convi ·tcd o c IUrnon receiver shall . - - c 1- rteen Yearsbe Iiahk to tmpnsnnnient for ou ·

DHtNtTtoNS ,,Nil SPECIAL l'Rov1s10NS

288. A person Who steals a thingh,_s guilty of robbery if, in and for the purpose of stealing the. th Ing'. he uses any force or causes any harm to any person. or'\; _uses any threat of crimi- nal assault or harm 10 anv person, WI Intent thereby to prevent or ovcrcome the rcsistanCe of that or of any Other person to the !-.k'alirn.! of the thino._ b·

289. ··Threat.., When used with reference to extortion, does not include a threat of criminal assault or harm to the person threatened.

290. ··Infamou..., offence-·· means any felony puni.shable by impri~onment for ...,even ye-ars or more, or_ an indecent assault or unnatural connexion with a person ~r an11nal, or an attempt to commit. or an ahetinent of or consptracy for, any such offence as afon:said.

29 J. A person shall be deemed to be a common thief if it is pmYcd against hi111 that. in or whils.t committing or attempting to commit Pr ahettino the commbsIOn of any offence punish- able under this or the-=- next succeeding Title, he used or was in possessinn of any tools. implemei~t. or means specially con- tri veJ or aJapteJ for the purpose ol committing the offence, or acteJ in company with or abetted, or Was abetted by, any other person or persons using or in pos~ession of any such tools, impkmL'nls. or mean~. ._

2'J2. A person shall he deemed to be a common receiver-

(o I if he i, twice within ten years convicted of the offence of fL'Lt'IYlll,P.;

(hJ if th!? pnK'\~eJs of two or more offences punishable under this Titk· arc in his possession at the same time: or

(c)

Criminal Code

if he, knowingly and without re onable excuse has in his possession any tools, implem a\s or means fec1al]y contrived or adapted for the pen ~se of bre~ 1ng lip, melting, or otherwise preventingu~ identificatton of the proceeds of any offence as aforesaid.

TITLEXXIJ

HOUSEBREAKING AND BURGLARY

. 29_3. Whoever commits housebreaking shall be liable to 1mpnsonment for ten years.

294. Whoever commits housebreaking by night in the_ case of ? dwelhng-house is guilty of burglary, and shall be hable to 1mpnsonment for fifteen years.

295. Whoever unlawfully enters or is by night in any build- ing for the purpose of committing any indictable offence there- m, shall, 1f the offence is a felony, be liable to impnsonme~t for seven y_ears, or shall, if the offence is a misdemeanour, be hable to 1mpnsonment for five years.

. 296. Whoever is found by night armed with any offensive mstrument ~1th the purp?se of committing housebreaki_ng or burglary, or 1s found by mght having in his possesswn, Without lawful excuse, any tool, implement, or means contrwed or adapted for housebreaking, or unlawfully enters or is by Illght in any bmldmg for the purpose of committing any cnme therein, or m any building adjoining or near thereto shall be liable to imprisonment for five years. '

DEFINITIONS

297. A person commits housebreaking if he unlawfully, breaks any building for the purpose of executing or of facilitat- mg or abetting the execution of, any felony therein, by himself or _by any other person, or for the purpose of effecting or facili- tatmg the escape therefrom of himself or of any other person after the commission of or attempt to commit any felony there- in.

CAP.I

House- breaking

Entry into building by night, &c.

Possession of instrument for burglary, &c.

Definition of house- breaking

P. I

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llllolll "I .1·fu]

~L"f\ "I -,,1(1,·r

\!Ill_' Ill

Criminal Code

298. A person breaks a bui!Jing if for any of the purposes mcntioncJ in the la~t preceding section he uses any force or threat of force to any person who is within the building, or caus- i:s damage to anything which is in or forms part of the building, or commi:111..·e~ to force or undo or open any lock, bolt, latch, or other fastening. or opens a clo~ed door or window, or is aided in entering or quitting the building by any person who is therein, anJ who aids him for the purpose of abetting the commission of any fdony therein by him or by any other person.

299. A person unlawfully enters or is in a buildin,_ or other plaCL' if he cnkrs or is therein, as the case may be, otherwise than in his o,vn right or by the consent of some other person ahk to givL~ consent for the purpose for which he enters or is therein.

TITLE XXJII

PORGERY AND FALSE COIN

300. Whoever--

I a) "ilh intent lo ,kfrauJ. or with intent to defeat. obstruct, or pervert the course of justice, forges any document of any of the following kinds, namely. any will, any docu- mclll of title to land. any judicial record, any power of allorney. ,my bank note, bill of exchange, promissory note, nr other negotiable instrument, any policy of insur- ance. or any cheque or other authority for the payment of nwtlL'Y by a person carrying on business as a banker;

(/, 1 with intent to JefrauJ any person to the amount of nine- ty-six dollars or upwards. forges any document whatev- er: ur

(cl i~ convicted of being a common forger,

shall be liable LO imprisonment for fifteen years.

30 I. Whoever-

(a) furgcs any ~tamp. whether impressed or adhesive, used f1)r the purpo:-,c:-. of revenue by the Government of

\ l•

Criminal Code

Grenada, or by the Government of the United Kingdom, or of any Possession or Colony of Her Majesty, or by any foreign Prince or state;

(b) without lawful excuse (the proof whereof shall lie on him) makes or has knowingly in his possession any die or instrument capable of making the impression of any such stamp;

(c) fraudulently cuts, tears, or in any way removes from any material any stamp used for purposes of revenue by the Government of Grenada with intent that any use should be made of the stamp. or of any part thereof;

(d) fraudulently mutilates any such stamp as last aforesaid with intent that any use should be made of any part of it;

(e) fraudulently fixes or places upon any material, or upon any such stamp as last aforesaid, any stamp or part of a stamp which, whether fraudulently or not, has been cut, tom, or in any way removed frmn any other material or out of or from any other stamp;

(f) fraudulently erases or otherwise either really or appar- ently removes from any stamped material any name, sum, date, or other matter or thing whatsoever written thereon, with the intent that any use should be made of the stamp; or

(g) knowingly and without lawful excuse (the proof whereof shall lie upon him) has in his possession any stamp or part of a stamp which has been fraudulently cut, tom, or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date, or other mat- ter or thing has been fraudulently erased or otherwise either really or apparently removed,

shall be liable to imprisonment for seven years.

302. Whoever with intent to defraud, or with intent to defeat, obstruct or pervert the course of justice or the due execution of the law, forges any judicial or official document shall be liable to imprisonment for ten years.

CAP.I

Forgery of judicial or official document

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('riminal Code

JOJ. \\'hoc,·cr with intent to defraud any person to the amount or \-~tluc llf twenty-four dollar~ or upwards forges any Jucumcnt \\ hahocvcr ~hall be liable to imprisonment for five years.

304. \\/hocycr forge:-. any document whatsoever, with intent to Jd.raud or injure any person. or with intent to defeat, obstruct. or pcncrt the course of justice or the due execution of the law. or with intent to evade the requirements of the law or with intcnt to commit. or to facilitate the commission of any crime. ~hall be liable to imprisonment for two years.

JOS. i I) Wh"c,-er forges or wilfully and without due author- ity altL·r:-. a lch~gram. or utters a telegram knowing the same to he forged "r wilrully and without due authority altered, or who tram,mib by tekgraph as a telegram. or utters as a telegram, any mes~age or communication which he knows to be not a telegram. shall. whether he had or had not an intent to defraud, hl2' iiabk to imprisonment for one year.

(2> J:or the ptirposes of this section the expression ··tci12"gram" lllL'ans a written or printed message or communica- tiun .,ent tu or Jdivered at the office of a telegraph company, for transmission hy telegraph. or delivered by a telegraph com- pany as a message or communication transmitted by telegraph, and the L'Xprcssion ..tek~graph company" means any cmnpany, corporalion. or persons carrying on the business of sending tc-legrams for the public under whatever authority or in whatev- er manner such company or corporation or persons may act or be cun .... tituted.

306. i II Whoever with intent to defraud counterfeits or falsi- fit."s any coin. or imports or exports any counterfeited or falsi- fied coin shall be liable tu imprisonment for five years.

(2) \Vhocvcr is convicted of being a common coiner shall be liabk to imprisonment for fifteen years.

J07. i I I Who~,w impairs. diminishes or lightens any coin, with intent that when so dealt with it may pass as current coin, shall lw liabk to imprisonment for ten years.

Criminal Code

(2) Whoever without lawful excuse, the proof whereof shall lie on him, has in his possession any filings or clippings, gold or silver bullion, or gold or silver in dust, solution or otherwise, produced or obtained by diminishing or lightening any of the Queen's current gold or silver coin, knowing it to have been so produced or obtained, shall be liable to imprisonment for seven years.

308. Whoever without lawful excuse, the proof whereof shall lie on him, has in his possession any instrument or thing spe- cially contrived or adapted for purposes of forgery or of com- mitting any crime relating to coin, shall be liable to imprison- ment for seven years.

309. Whoever, with any of the intents mentioned in this Title, utters or in any manner deals with or uses, any such docu- ment, stamp, or coin as is in this Title mentioned, knowing the same to be forged, counterfeited, or falsified, as the case may be, or knowing the same not to be genuine, shall be liable to the like punishment as if he had, with that intent forged, counter- feited, or falsified, as the case may be, the document, stamp, or coin.

310. If any person, with intent to defraud, demands or accepts, for himself or for any other person. any money or money's worth as being due under or by virtue of any document which he knows to be forged or not to be genuine, he shall be liable to the same punishment as if he had forged the document with intent to defraud some person of the money or money's worth.

311. Whoever, with any of the intents mentioned in this Title, has in his possession any document, stamp, or coin which is forged, counterfeited or falsified, or which he knows not to be genuine, shall be liable to the like punishment as if he had, with that intent, forged, counterfeited, or falsified, as the case may be, the document, stamp, or coin.

311A. In this Title-

"building" means any structure, booth, tent or other place covered or uncovered whether fixed or moveable

CAP. I

(sees.110)

Being in possession of means of forging or coining (sees. 44)

Uttering forged documents, &,.

Claiming upon forged document

Possessing forged document, &,.

Definition of building and dwelling house

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"l•.,\.,

( 'riminal Codt'

which i, construl'led used or adapted, for the habita- tion or meL'ting: or :-,heller of human beings, or for the keeping or ,helter of any cattle or goods, or for the manufacwrc-. kec'ping or sale of goods;

··dwdling-house·· means any building which, or any part of which is ordinarily, or at the time of the alleged crime. occupied by any person as a sleeping place during tl1c night or any part of the night: and for the purpllses of this definition, every outhouse of cov- ered place which communicates, by any interior or L'O\'t'fGJ Joorway, window, passage or other opening, with a building shall be deemed to be part of that building. whether the doorway, window, passage or opc-ning be usec.l or disused, or fastened or unfastened lln either or both sides. and whether the outhouse or cmwcd place be occupied by the same person as the building or by a different person or be not occupied by any person.

312. Whocn:r. with any of the intents mentioned in this Title. cau ....cs any per:-..un. by dure~s. deceit. or in any manner without his c1..H1.'!enl. to make. alter. cancel, or injure any such documcut as is in this Title meutioned, shall be liable to the like puni~hment as if he had forged the document with such intent.

;. '"' 31J. Whoe\'er with intent to defraud forges or counterfeits "'"' any hall-mark or mark appointed, under authority of law, by any

corporation or public officer to denote the weight. fineness, or age. or place of manufacture of any gold or silver plate or bul- lion. ~hall he liahk to imprisonment for two years.

DElt~ITIO~S .-\ND SPECIAL PROVISIONS

31-1. The following provision, apply with respect to forgery, llalllt:'i)'•·· -

(a) a Jk'f~lHl forges a document if he makes or alters the doc- ument. or any material part thereof. with intent to cause it h) hL" bl.'!ic-\·L•d either---

Criminal Code

(i) that the document or part has been so made or altered by any person who did not in fact so make or alter it; or

(ii) that the document or part has been so made or altered with the authority or consent of any person who did not in fact give such authority or consent; or

(iii) that the document or part has been so made or altered at a time different from that at which it was in fact so made or altered;

(b) a person who issues or uses any document which is exhausted or cancelled, with intent that it may pass or have effect as if it were not exhausted or cancelled, shall be deemed guilty of forging the same;

(c) the making or alteration of a document or part thereof by a person in his own name may be forgery if the making or alteration is with either of the intents mentioned in this section;

(d) the making or alteration of a document or part thereof by a person in the name which is not his real or ordinary name is not forgery unless the making or alteration is with one or other of the intents mentioned in this section;

(e) it is immaterial whether the person by whom, or with whose authority or consent, a document or part thereof purports to have been made, or is intended to be believed to have been made, be living or dead, or be a fictitious person;

/J) every word, letter, figure, mark, seal or thing expressed on or in a document, or forming part thereof, or attached thereto, and any colouring, shape, or device used therein, which purports to indicate the person by whom, or with whose authority or consent, a document or part thereof has been made, altered, executed, delivered, attested, verified, certified, or issued, or which may affect the purport, operation, or the validity of the document in any material particular, is a material part of the document;

CAP.1

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Criminal Code

(g) ··altcrati,111" include;'.) any cancelling. erasure, severance, intcrlin ...~ation. or transposition of or in a document or of or in any material part thereof, and the addition of any material part thereto, and any other act or device where- by the purport. operation. or validity of the document may be affccteJ; and

ih I all the pruvi,ions of this section apply with respect to the forgery uf a ~tamp in the same manner as with respect to the forgery of a Uocu111ent.

315. In thi, Title -

"coin" means any metal or paper used for the time being as money. either in this State or in any other place or country. and issued by authority of any Government in ordt?r to be so u:-,ed:

··official document" means any document purporting to be made, used. ur issued by any Public Officer for any purpo~e relatin~ to his office.

31<,. A person "counterfeits" a stamp. die, coin, or mark if he makes any imitation thereof. or anything which is intended to pas~ or ,vhich may pass as such stamp. die, coin, or mark; and if a J1L'rson makes anything which is intended to serve as a speci- men. or pattern. or trial of.any process for counterfeiting a stamp. die. coin. or mark. he shall be deemed to be guilty of rnunterfciting. within the meaning of this Title, although he Joe, not purpose that any person should be defrauded or injured by. or that any further use should be made of, such specimen or paucrn.

317. A person "falsifies" a coin of any metal, coinage, denomination. Jate. or country. if he removes any such part thereof. or if by any means he so alters it, whether permanently 1..>r tcmporarily. and whether in substance or appearance, as that it may pass for a c()in of a different metal, coinage, denomina- tion. date or country.

318. I I I A person possesses or does any act with respect to a document knowing it not to be genuine, if he possesses it, or Joe!-. lhL' act with respect to it. knowing that it was n:>t in fact

Criminal Code

made or altered at the time, or by the person, or with the author- ity or consent of the person, at which, or by whom, or with whose authority or consent, it purports or is pretended by him to have been made or altered; and it is immaterial whether the act of the person who made or altered it was or was not a crime.

(2) In like manner, a person possesses or does any act with respect to a stamp, die, or coin knowing it not to be genuine, if he possesses it, or does the act with respect to it, knowing it is in fact counterfeit or falsified; and it is immaterial whether the act of the person who counterfeited or falsified it was or was not a crime.

319. For the purposes of the provisions of this Code relating to the forgery, counterfeiting, falsifying, uttering, dealing with, using or possessing of any document, stamp, die or coin, it is not necessary that the document, stamp, die or coin, should be so complete, or should be intended to be made so complete, or should be capable of being made so complete, as to be valid or effectual for any of the purposes of a thing of the kind which it purports or is intended to be or to represent, or as to deceive a person of ordinary judgment and observation.

320. For the purpose of the provisions of this Code relating to the possessing or doing any act with respect to a document, stamp, die or coin which is forged, counterfeited or falsified, or which is not genuine, it is immaterial whether the document, stamp, die or coin, has been forged, counterfeited, falsified, made, or altered beyond or within the jurisdiction of the Courts.

321. (I) A person shall be deemed to be a common forger-

(a) if he is proved to have used, or to have abetted the use of, any means specially contrived or adapted for purpos- es of forgery; or

(b) if he is convicted of any forgery punishable under this Title, after having been convicted of any offence punish- able under this Title; or

(c) if he is proved to have had in his possession, custody, or control at the same or at different times, two or more documents which he knew to have been forged, and by

CAP.1

document, stamp or coin

Imitation of forged document, &c., need not be perfect

Specf~ prov1smn as 10 jurisdiction

Definition of a common forger and of a common coiner

':\P. I ( 'riminal Cade

means ut \I hich he purposed to commit any offence pun- ishahk under thi.s Title.

1~ I ,\ person shall be deemed to be a common coiner-

I a I if he i.s proved 10 haYe used. or to have abetted the use of. any means specially contrived or adapted for purpos- L'.'I of C\)mlllittjng- any crime with respect to coin; or

I/JI if he is con\'ic1ed of any crime with respect to coin, after ha1·ing been convicted of any offence punishable under this Titk; or

le) if he is pnwcd to have had in his possession, custody or control at the same or at different times, three or more coin..., \vhich he knew to have been counterfeited or falsi- fied. and by means of which he purposed to commit any nffcncc punishable under this Title.

PART IX

01r1"ch .1G,\l:--;sT Pt'BI.JC ORDER, HEALTH AND MORALITY

TITLEXXIV

0!'FENC! 0S AGAINST THE SAFETY UF THE STATE

322. \Vhoc\·L'r compasses, imagines, invents, devises. or intL'llds any act. matter or thing, the compassing, imagining, invc111ing. Lkvising, or intending whereof is treason by the Law of EnglanJ for the time being in force. and expresses. utters, or tkclare .... such compassing. imagination. invention, device or intention. hy publishing any printing or writing or by any overt act. nr ,hws any act which. if done in England, would be deemed to be trL·~, ....on according to the Law of England for the time h,·in,e in force. shall be adjudged to be a traitor, and shall be liable lo suffer death:

Pro\·i(k·d that .\t:·ntencc of death shall not be pronounced on or n.'L·onkd a~ainst a person L·onvicted of treason if it appears to th,· l 'oun that at lhe time when the offence was committed he wa:-. um.lcr the age (>f c,ightccn years; but in lieu thereof the

Criminal Code

Court shall sentence him to be detained during Her Majesty's pleasure; and if so sentenced he shall, notwithstanding anything in the other provisions of this Code or the provisions of any other Law or Act, be liable to be detained in such place and under such conditions as the Governor-General may direct; and whilst so detained shall be deemed to be in legal custody.

323. Whoever knows of any treason and does not forthwith reveal the same to the Governor-General or to some Justice of the Peace, shall be guilty of misprision of treason, and shall be liable to imprisonment for five years.

324. Whoever compasses, imagines, invents, devises, or intends any act, matter, or thing, the compassing, imagining, inventing, devising, or intending whereof is felony by the Law of England for the time being in force, and expresses, utters, or declares such compassing, imagination, invention, device, or intention, by publishing any printing or writing, or by open and advised speaking, or by any overt act, shall be liable to impris- onment for fifteen years.

325. All the enactments, provisos, requirements. and limita- tions of the Law of England for the time being in force relating to treason, misprision of treason, and treason felony, shall be and the same are hereby declared to be the enactments, provi- sos, requirements and limitations of the law of this State.

326. Whoever prepares or endeavours, by armed force or the show of armed force. to procure an alteration in the Government or laws, or to resist the execution of the laws or to compel the Governor-General or any member of the Senate or House of Representatives or any person in command of any Naval, Military or Air Forces or of any peace officers, to do, or to abstain from doing, any act of a public or official character shall be liable to imprisonment for fifteen years.

327. Whoever is guilty of seditious libel, or of having been a party to a seditious assembly, shall be liable to imprisonment for two years.

CAP.1

Misprision of treason

Treason felony

Application of English law of treason, &c.

Useofanned force against the Government, &c.

Seditious libel and assembly

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Cri111i1zal Code

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328. Whoe,·c'r with intent to bring Her Majesty into hatred, contempt. or ri,iicule. publishes any defamatory or insulting matter. whether by writing. print, word of mouth, or in any other manner, concerning Her Majesty. is guilty of a rnisde- n1L·ancn1r.

329. ( 1I Whoever intentionally and unlawfully aids, or per- mih the' escape of a prisoner of war shall be liable to imprison- ment for ten yl'ar:-i.

t:?J \\'hoen,r negligently and unlawfully permits the escape of a prisoner of war shall be liable to imprisonment for two year:-..

330. Whoever. not being subject to any Articles of War or Articles of the Navy abets the commission of mutiny by any person subject to such Articles, shall be liable to imprisonment for fifteL·n )l'ar:-..

JJI. \VJwe\"er. not hc:-ing subject to any Articles of War or Articks of the Navy. abets the desertion of any person subject to :-.ucll Articles. or the commission by any such person of any assaull upon a superior officer being in the execution of his office. shall be liable to imprisonment for two years.

332. \\'hoen";r, not being subject to any Articles of War or Articks of the l\avy, abets any act of insubordination by any JKTMin subject to such Articles. is guilty of a misdemeanour.

333. If three or more persons meet or are together for the purposes of military training or exercise, without the permission of tllL~ Ciovernnr-General. or of some officer or person autho- ri,cd hy law to give such permission, each of them is guilty of a mi:-icJ.cmcanour.

33.J. Whoever causes harm to himself, or procures any other person to cause harm to him, for the purpose of evading any lia- bility to perform Naval. Military or Air Service or duty, shall be liable tn imprisonment for two years.

335, Whoever is guilty of piracy, or of any crime connected with or rclatin~ or akin to piracy, shall be liable to be tried and

Criminal Code

punished according to the Law of England for the time being in force.

336. Whoever takes, or administers, or attempts or offers to administer to any other person, any unlawful oath, shall be liable to imprisonment for five years.

337. (I) Whoever, by means of his holding or having held an office under the Queen, has lawfully or unlawfully either obtained possession of or control over any document, sketch, plan, or model, or acquired any information, and at any time corruptly or contrary to his official duty communicates or attempts to communicate that document, sketch, plan, model, or information to any ,person to whom it ought not, in the interest of the state or otherwise in the public interest, to be communi- cated at that time, shall-

(a) if the communication was made or attempted to be made to a foreign state, be liable to imprisonment for fifteen years; or

(b) in any other case, be guilty of a misdemeanour.

(2) This section shall apply to a person holding a contract with the Government of Grenada or with the holder of any office under the Queen as such holder, where the contract involves an obligation of secrecy; and also to any person employed by any person holding such a contract; and the person holding the contract and the person so employed are under the like obligation of secrecy as if they were respectively holders of an office under the Queen.

(3) A prosecution for an offence under this section shall not be instituted except by the Attorney General or with his con- sent.

(4) In this section, unless the context otherwise requires-

"communication" includes any communication, whether in whole or in part, and whether the document, sketch, plan, model, or information itself, or the substance or effect thereof only be communicated;

"document" includes part of a document, despatch, letter, telegram, and telegraphic code or cypher;

CAP.1

Taking or administering unlawful oath

Breaches of official trust

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Cri111ina/ Code

··11wdcr· indudL's design. pattern. and specimen;

··nffiL·c under the Que"cn" includes any office or employ·- m,·n1 in or unJer any department of the Government of Grl.'n;.iJa and. so for as regards any document, ,,c1ch. plan. moJd. or information relating to the Na\'al. Military or Air Service affairs of Her Majesty, includL';"> any office or employment in or under any Jepartmcnl of Her Majesty's Government;

"ske1ch" inclcides any photograph or other mode of repre- sentation of a place or thing.

IJL'Flc/lTl<J!\S AND SPECIAL PROVISIONS

.H8. For 1he purpose, of thi, Title~

··cscapc" includc-s the departure by a prisoner on parole beyond the limits within which he is allowed to be at larg_c:

A ··seditious ass..:mhly" i:'-1 an assembly of five or more per- sons with a seditious purpose, or at which any sedi- liou, libl'I is published, or at which any speeches are made with a sc<litious purpose:

"scdiliou., libel" is !he publication, by any such act as is spe,·ified in Title XIX. of this Code as amounting to publication of a libel. of any matter with a seditious purpo,c. A seditious libel cannot be justified on any gnH111d of absolute or conditional privilege;

A ··~cditiou~ purpo:-ic.. means a purpose to excite any of llcr Majcs1y·s subject, to the obtaining by force or other unla,i.,ful means of an alteration in the laws or in thc rorm of guvermnent, or to the commission of ani offence punishable under the first five sections of !hi, Tille:

··unlawflll oath'" mcan., any oath or engagement to commit or abet any crime. or to conceal a design to commit any crime. or ln prevent the discovery of any crime lH" thL· i.:onvictiun of any person for any crime, and any oath or engagement to conceal the existence, purpllSL'S or proceedings of any associations of per-

Criminal Code

sons associated for any treasonable or seditious pur- pose.

In this section, "crime" includes any crime punishable on indictment, whether under this Code or under any other law.

TITLEXXV

OFFENCES AGAINST THE PUBLIC PEACE

CAP.I

339. Whoever takes part in a riot is guilty of a misde- Riot meanour.

340. Whoever takes part in a riot, being armed with any offensive instrument, shall be liable to imprisonment for two years.

341. Whoever in rioting is guilty of any felony punishable under any of the Titles XVI. to XVIII. (both inclusive) or XX. to XXII. (both inclusive) of this Code, shall be liable to impris- onment for a term which may exceed by three years the term to which he would otherwise be liable under the provisions of that Title.

342. If any persons assemble or are together with a purpose of committing a riot each of them is guilty of a misdemeanour.

343. Whoever does any act with intent to provoke a riot is guilty of a misdemeanour.

344. If, as is hereafter in this Title provided, proclamation is made commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of one hour from the making of such proclamation, takes or continues to take part in the riot or assembly, shall be liable to imprisonment for five years.

345. If any person forcibly prevents or obstructs the making of such proclamation as is in the last section mentioned, he shall be liable to imprisonment for ten years; and if the making of the proclamation is so prevented, every person who, knowing that it

Rioting wilh weapons

Riot and felony

Unlawful assembly

Provocation or riot

Rioting after proclamation

Preventing or obstructing the making of proclamation

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( 'riminal Code

ha..., lk·cn -"O pn.·\·cmeU. takes or continues to take part in the riot or as:-.L'mbly. shall be liahk to imprisonment for five years.

3-t6. \\'honer assaults any Justice of the Peace, officer or persou t'.\L~cuting any duty or authority for the suppression of a riot or for the dispersion or arrest of any persons engaged in a riol. or assL·mbkd with thc- purpose of committing a riot. shall be liabk to imprisonment for fiye years.

3-l7. \Vlwe1·er with violence makes an entry into any build- ing or land. whether he he entitled to the possession thereof or not, is guilty of a rnisdcmcanour, unless he does so in pursuance of a warr~mt or other lawful authority to use such violence.

3-t8. Whoever, being unlawfully and without claim of right in or upon any builJing or land. maintains or attempts to main- tain his possessio11 or occupation thereof with violence, guilty of a mis1..kmL"annur.

J-l'J. \Vhocvcr doL's any act with intent to provoke any other person to light whether in a public place or not, with any deadly or d,m~L"rnus instrument. anJ whoever agrees or offers to agree so to fight. shall h~ liable to imprisonment for two years.

350. Whoever threatens any person with death or grievous harm. with intent to put him in fear of death or grievous harm, is g.uilty of a misJcmcanour.

]5 I. Whoever by writing threatens any person with death or grievous harm. or hy writing threatens the con1mission of arson or of any khiny punishable under Title XX. of this Code, shall be liabk to imprbonmL"nt for five years.

352. \VlHk'\·cr LhC-s any violence with intent to deter any per- son from a1..·1ing in any manner as a Judge, Magistrate, juror. witness. counsd. agent. prosecutor or party in any legal pro- ceeding: or inquiry. or from acting in execution of his duty as a r\'1agi .... tratL' or pcJce officer. or in any judicial or officiai capaci- ty. or frum having: rL~coursc to any Court or public officer, or on account of his ha\'ing so acted or had recourse, shall be liable to imprisonmc-nt tor ten yL"ars.

Criminal Code

353. Whoever unlawfully and with violence obstructs the assembly of any persons for any lawful purpose or disturbs any such assembly, or with violence disperses or attempts to dis- perse any such assembly, is guilty of a misdemeanour.

354. Whoever with violence or by deceit hinders or obstructs any public or peace officer or other person acting or proceeding to act in the execution of any public office or duty, or in the execution of any warrant or legal process shall be liable to imprisonment for ten years.

DEFINITIONS AND SPECIAL PROVISIONS

CAP.I

Disturbance of lawful assembly

Obstructing public or peace officer (see ss. 167 and 176)

355. (1) If five or more persons together in any public or ~i~nition °' private place commence or attempt to do any of the following things, narnely-

(a) to execute any common purpose with violence, and with- out lawful authority to use such violence for that pur- pose;

(b) to execute a common purpose of obstructing or resisting the execution of any legal process or auihority; or

they are guilty of a riot.

(2) Persons are not guilty of a riot by reason only that they, to the number of five or more, suddenly engage in an unlawful fight, unless five or more of them fight with a common purpose against some other person or persons.

356. Any Magistrate or, in the absence of any Magistrate any Justice of the Peace or any commissioned officer in Her Majesty's Naval, Military or Air Service, in whose view a riot is being committed, or who apprehends that a riot is about to be committed by persons assembled within his view, may make or cause to be made a proclamation in the Queen's name, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.

Making proclamation for rioters to disperse

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Criminal Code

]57. Ir upun the expiratiun of one hour after such proclama- tion maJc. or aflcr the making of such proclamation has been prcYentL'J by fnrct.?. twelve or more persons continue riotously asscmbkd together_ any person authorized to make proclama- tion. or any p~ace officer, or any other person acting in aid of su-..·h person or officer. may do all things necessary for dispers- ing the persons so continuing assembled or for apprehending them lff any of them. and. if any person makes resistance, may use all such forcc- as is reasonably necessary for overcoming such n:si.'>tance, and shall not be liable in any criminal or civil prul·c-cding for having by the use of such force caused hann or death to any person.

358. For the purposes of this Title, ·•violence" means any criminal force or harm to any person, or any criminal mischief to any property. or any threat or offer of such force, harm or mi~chicf. or the carrying or use of deadly. dangerous or offen- ~in:· instruments in such a manner as that terror is likely to be causc-d to any person:-.. or such conduct as is likely to cause in any pl'fsons a reasonable apprehension of criminal force, harm or mi:-.chicf to them or to their property.

TITLEXXVl

i'rnJL RY At\ll OBSTRUCTIONS OF PUBLIC JUSTICE

i'FRJLIR\' AND SIMILAR OFFENCES

359. \Vhon·cr commits pc1jury shall be liable to imprison- rncm for ten years.

3M). \\'hocvcr cmmnits pe1jury with intent to cause the con- ,·iclion of any person for any c1ime punishable with death, shall hl' liable to imprisonment for fifteen years.

3(,1. \Vhoenr fabricates evidence. with intent to defeat, uh,1ruc1 or pen-ert the course of justice in any proceeding, shall be liahle 10 the same penalties as if he had committed perjury in that pnH..·ecJing.

Criminal Code

362. Whoever intentionaily and unlawfully falsifies, destroys, injures, removes or conceals any public register of marriages, births, baptisms, deaths or burials, or any other pub- lic register or record, or any will or any document of title to land, with intent to defeat, obstruct or pervert the course of jus- tice, or to defraud or injure any person, shall be liable to impris- onment for ten years.

363. Whoever unlawfully, with intent to defeat, obstruct or pervert the course of justice, or to defraud or injure any person, removes, conceals, injures or alters any instrument or document used or intended to be used in any judicial proceeding, shall be liable to imprisonment for two years.

364. Whoever acknowledges or consents to any judgment or confession of a cause of action, or acknowledges any deed to be enrolled or registered, or enters into any recognizance or bail (whether the same to be filed or not), in the name of any other person without his consent, is guilty of felony.

365. Whoever with intent to defeat, obstruct or pervert the course of justice, or to defraud or injure any person, endeavours to deceive any Court, or any judicial officer by personation, or by any false instrument, document, seal or signature, shall be liable to imprisonment for two years.

366. Whoever, with intent to defeat, obstruct or pervert the course of justice, or the due execution of the law, or to evade the requirements of the law, or to defraud or injure any person, endeavours to deceive any public officer acting in the execution of any public office or duty, by personation or by any false instrument, document, seal or signature, or by any false state- ment, whether verbal or in writing, is guilty of a misdemeanour.

367. Whoever fraudulently brings any action against another person in a false or fictitious name, having no ground for such action, is guilty of a misdemeanour.

368. Whoever in any manner wilfully causes any person to disobey any summons, process or order lawfully issued or made for his attendance as a witness in any judicial proceeding, or for

CAP.1

Destruction, &.c., of public register, &c. (sees. 394)

Remova1, &c.• of document used in judicial proceeding

Fraudulent acknowledge- ment of judgment. &c.

Deceiving Court by personation, &c.

Deceiving public officer (sees. 159)

Bringing fictitious action

Causing witness to disobey summons

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Cri111i11a/ Code

the production by him of any written or other evidence in any judicial proceeding i~ guilty of a misdemeanour.

3(,9. Wh,,e,w with intent to defeat. obstruct or pervert the course nf ju:-.tice al the trial of any person fc,r any crime, in any mannn rau~c~ any pcr~on to refrain from giving evidence at the trial. i~ t!-llilty of a mis<lemeanour.

370. Whoe,·cr without reasonable excuse makes default in obeying any sumnH)ns. process or order lawfully issued or maJt:' f1)r his att~nJance as a witness in any judicial proceeding, or for the production by him of any written or other evidence in any judicial pruct:'eding. i~ guilty of a misdemeanour.

371. Whoewr with inlenl lo prevent. obstruct or delay the taking. of any inque,l upon the body or touching the death of any pi:rson. or to defeat the ends of justice, buries or in any manner conceals or disposes of the body, shall be liable to imprisonment for two years.

372. I 11 Whoever. being under a duty as a Magistrate. Coroner. !''"ikr. peace officer. or in any other capacity, to give any notice or take any measures requisite for the holding of an inquest upon the body or touching the death of any person, wil- fully and without reasonable excuse fails to perform the duty, shall he liable tn imprisonment for two years.

(21 A pwseculion for an offence under this section shall not he instituted except hy the Allorney General or with his con- sent.

373. Whoever with force. threats or tumult, hinders, inter- rupt, or disturbs the proceeding of any Court, or wilfully and unlawfully. with force. threats or tumult. hinders any person from cnt~ring or quitting any Court, or removes him therefrom, or detains him therein. shall be liable to imprisonment for two yc.:-ars.

37-1. Whoe,w in the presence of any Court is guilty of con- tempi of the Court by any insulting, opprobrious or menacing acts or words. b ~uilty of a misdemeanour.

Criminal Code

375. Whoever, pending any proceedings in any Court, pub- lishes in writing or otherwise anything concerning the proceed- ings or any party thereto, with intent to excite any popular prej- udice for or against any party to the proceeclings, is guilty of a rnisdemeanour.

RESCUE, ESCAPE, COMPOUNDING CRIME, &c.

376. Whoever endeavours to resist or prevent the execution of the law-

(a) by resisting the lawful arrest of himself or of any other person for crime; or

(b) by rescuing any other person, or aicling any other person to escape from lawful custody for crime, if the crime is punishable with death or with imprisonment for more than seven years, shall be liable to imprisonment for seven years, or if the crime is punishable with imprison- ment for not more than seven years, shall be liable to imprisonment for five years, or, if the crime is a rnisde- meanour, is guilty of a rnisdemeanour.

377. Whoever endeavours to resist or prevent the execution of the law-

(a) by resisting the lawful arrest of himself or of any other person for any cause other than crime; or

(b) by rescuing any other person from lawful custody for any cause other than crime; or

(c) by rescuing any goods or things from any public officer or peace officer or other person having the possession, custody or care thereof under or by virtue of any lawful warrant or process. is guilty of a rnisdemeanour.

CAP.1

Exciting prejudice as to proceeding penWng in Court

Rescue of criminal

Rescue in other cases

378. (1) Whoever, being in lawful custody for crime, or Escape under any sentence of imprisonment, endeavours to resist or prevent the execution of the law by escaping or permitting him- self to be rescued, shall be liable to imprisonment for two years.

(2) Where a person in lawful custody under any sentence of imprisonment escapes, the time during which he is at large shall

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Cri111illal Code

not be taken into acclHlllt in computing the term of his original SL'Jlll'lll'L'.

379. lf an) pri:--on officer or person in charge of any convict- c:<l pfr.,onL'r knowingly permits him to receive any tobacco, spir- its. food. monL'Y or any other thing which the prisoner is not pL'rmittc-d by thl" prison regulations to receive, or to enter any house. ,ard ,ir premises not being the place appointed for the labour i,f the priSt•nec he shall be liable to imprisonment for six month:-..

380. Whoner hal'in~ the custody of a prisoner knowingly anJ wilfullv allows him to escape. shall be liable to imprison- ment for l\~·o vcars: and whot"ver having the custody of a pris- Olh:'T thnn1gh ·negligence allows him to escape, is guilty of a llli .....dcme<.IIHHlL

381. \VhoL·\·er e1H.kavours by force to prevent the execution of any person sl.'nk·nccd to death shall be liable to imprisonment for fifteen year......

382. Wlwe,·er. heing lawfully commanded by any public officL'L peace officer or other person to give aid for the preven- tion llf L'rimc. or f\)r arresting: any persons. or for preventing the resew: ()f e.....cape of any per:-.on refuses or neglects to give such aid according to his ability :-.hall be liable to imprisonment for ()JlL' ) ear.

383. \Vho~n·r. knowing or having reason to believe that any person ha:-. committed or has been convicted of any crime, aids, conceals or harbours the person. with the purpose of enabling him to avoid lawful arre:-.t. or the execution of his sentence, ,hall. if the crime is punishable with death or with imprison- Jlll:'nt fur ten years or upwards, be liable to imprisonment for fi,e ,ears. or shall. if the crime is a felony other than aforesaid, be li;thlc tu imprisonment for two years, or shall. if the crime is a misdL·mc-a11uur. he liable to imprisonment for six months.

Jll-1. \\'hoe,er witlwut leave of a Court, compounds any crime. shall. if tlw crime is a felony. be liable to imprisonment

Criminal Code

for two years, or shall, if the crime is a misdemeanour, be liable to imprisonment for six months.

DEFINITIONS AND SPECIAL PROVISIONS

385. A person is guilty of perjury if, in any written or verbal statement made or verified by him upon oath before any Court or public officer, he states anything which he knows to be false, or which he has not reason to believe to be true.

386. A person can be guilty of perjury by swearing that he believes a thing which he does not in fact believe.

387. A person fabricates evidence if he causes any circum- stance to exist, or makes any false entry in any book, account or record, or makes any document containing a false statement, or forges any document with intent to mislead any public officer, judge, magistrate or juror acting in any judicial proceeding.

388. A person compounds a crime if he offers or agrees to forbear from prosecuting or giving evidence against a person on a criminal charge, in consideration of money, or of any other valuable thing, or of any advantage whatsoever to himself or to any other person.

TITLEXXVII

OFFENCES REALTING TO PUBLIC OFFICES AND TO

PUBLIC ELECTIONS

389. Whoever without lawful excuse refuses to serve in any public office in which he is bound to serve, and for the refusal to serve in which no penalty or punishment is provided by any stalute, is guilty of a misdemeanour.

390. Whoever pretends to be or acts as a public officer or juror, not being lawfully authorized to act as such officer or juror, and in or under colour of that assumed character does or attempts to do, or procures or attempts to procure, any person to do or abstain from doing, any act whatsoever, is guilty of a mis- demeanour, unless he shows either-

CAP.I

Definition of perjury

Special explanation as to perjury

Definition of fabrication

Definition of compounding

Refusal to serve in public office

Falsely pretending to be public officer or juror, &c. (sees. 161)

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Criminal Code

(ll J that he so pretendeu or acted under a mistake of law or of fact; or

(hJ in the case or a person acting as a public officer, that he so acteu in good faith for the public benefit.

3'11. Whoever. in oruer that he may obtain or be qualified to act in any public 1)ffice or to vote at any public election, makes, signs. puhlishe_..,_ or uses any declaration, statement, or oath n:quircd hy law in such case, or any certificate or testimonial as tn hi_.., L'onduct or service:-i, or as to any other matter which is makrial for the nbtaining by him of the office, or for his qualifi- cation to act in the office or to vote at the election, shall, if he does so. knowing that the declaration, statement, oath, certifi- cate. or testimonial is false in any material particular, be liable to imprisonment for two years.

3'12. E\'ery public ,ifficer or juror who is guilty of corruption, or nr wilful oppression. or of extortion. in respect of the duties of hi~ office. shall he liable to imprisonment for two years.

3'13. E\'cry public offo:er who, being bound or authorized as such officer. to allest or certify. by writing or otherwise, any document or mallcr. or that an event has or has not happened1 ancsts or cl'.11ifics the document or matter knowing the same to be false in any material particular, or attests or certifies that the event has happcncu or has not happened, as the case may be, \Vithout knowing or having reason to believe that the same has happ,-ned or has not happened, as the case may be, according to his allestation or certificate,shall be liable to imprisonment for two years.

3'14. Every public officer who intentionally and unlawfully destroy~. injures. fa1sifies. or conceals any document which is in his possession. cu:-.to<ly. or control. or to which he has access, by \'irtue of his office. shall be liable to imprisonment for two years.

395. E\'ery officer or a prison who uses any kind of torture to a prisoner. or whu is guilty of cruelty to a prisoner, or who intentionally and unlawfully causes any harm to a prisoner, shall he liable to imprisonment for two years.

Criminal Code

396. Whoever corrupts or attempts to corrupt any person in respect of any duties as a public officer or juror shall be liable to imprisonment for two years.

397. Whoever accepts, or agrees or offers to accept, any valuable consideration under pretence or colour of having undu- ly influenced, or of agreeing or being able so to influence, any person in respect of his duties as a public officer or juror is guilty of a rnisdemeanour.

398. Whoever, otherwise than in the due execution of his duties as a judicial officer or juror, makes or offers to make any agreement with any person as to the judgment or verdict which he will or will not give as a judicial officer or juror in any pend- ing or future proceeding, is guilty of a misdemeanour.

399. Whoever, with a purpose of procuring any undue advantage or disadvantage to any party to any judicial proceed- ing, procures himself or any other person to be summoned, impanelled, or sworn as a juror in the proceeding, or endeav- ours to prevent any other person from being summoned, impan- elled, or sworn as a juror in the proceeding, is guilty of a rnisde- meanour.

400. Whoever is a party to or abets the unlawful sale or pur- chase of any public office, or the making of any unlawful and corrupt bargain or transaction with respect to an appointment to a public office, or with respect to the profits of a public office, shall be liable to imprisonment for two years.

401. Whoever attempts to prevent, obstruct, or disturb any public election by any kind of force, violence or threats, or by any act which is a crime punishable under this Code, shall be liable to imprisonment for two years.

402. Whoever is guilty of corruption, intimidation or person- ation in respect of a public election, shall be liable to imprison- ment for six months, and shall, during seven years from the date of his conviction, be incapable of voting at any public election and of holding the public office in respect of which the election was held, or any public office of the same nature.

CAP. I

ComJpting pu~lic officer or Juror

Accepting bribe to influence public officer or juror

Corrupt promise by judicial officer or juror

Corrupt selection of juror

Unlawful sale or purchase of office

Prevention, &c.,of election by force, &c.

Corruption, intimidation, and personation in respect of election

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( 'riminal Code

-103. Whoever forges or falsifies, or intentionally and awfully injun.:'s or Lkstrnys. any voting paper or other similar thing, or inlc'ntionally and unlawfully injures or destroys any ballot box, polling booth. or other apparutus or thing used for the purposes of a public election, shall be liable to imprisonment for two year:-..

-10-1. Whon,,r. being a public officer, charged with the counting of vote:-. or the making of a return at any public elec- tion. wilfully falsifies the account of such votes or makes a false return shall he liable to imprisonment for five years.

-105. Any person who, by himself or in conjunction with any othe-r person---

(a) corruptly solicits or receives or agrees to receive for himself or any other person any gift, loan, fee, reward, or a<..h'antage as an inducement to any member or servant of a public body doing or forbearing to do anything in r~spect of any matter or transaction whatsoever, actual or proposed, in which such body is concerned; or

(/}) corruptly gives. promises. or offers to any person, whether l<>r the benefit of that person or any other per- son, any gift. loan. fee, reward or advantage as an inducement to or reward for or otherwise on account of any member. officer, ur servant of a public body doing or forbearing to do anything in respect of any matter in which the public body is concerned shall be liable to imprisonment for l\VO years or to a fine not exceeding two thousand four hundred dollars, or both. Where the mauer or transaction in relation to which the offence is committed is a contract or proposal for a contract with Her Majesty or any Government department or any pub- lic hoJy. or is a subcontract to execute any work com- prised in such a contract the offender shall be liable to imprisonment for a term not exceeding seven nor less than tlm:1.~ years.

In this ,cction the expre,sion "public body" includes the Senate and House of Representatives, District Boards, and in addition. local and public boards and authorities of all descrip- tions.

Criminal Code

A person acts corruptly within the meaning of this section if he directly or indirectly agrees or offers to permit his conduct with respect to the matter or transaction to be influenced by the gift, loan, fee, reward or other advantage to be received by him or by any other person from any person whomsoever, or if he endeavours directly or indirectly to influence the conduct of any other person with respect to the matter or transaction by any gift, loan, fee, reward or other advantage.

Where in any proceedings against a person for an offence under this section it is proved that any money, gift or other con- sideration has been paid or given to or received by a person who is a member of a public body or in the employment of Her Majesty or any Government department or a public body by or from a person or his agent holding or seeking to obtain a con- tract or other benefit the money, gift, or other consideration shall be deemed to have been paid or given and received cor- ruptly unless the contrary is proved.

406. Any person who bribes a Minister, or being a Minister, accepts a bribe, where the object of the bribe is to induce such Minister to do, or to omit to do, any act contrary to his official duty, or to show favour or partiality in the discharge of his duty, shall be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding three thousand dollars, or both.

DEFINITIONS AND SPECIAL PROVISIONS

_4_07. (I) The provisions of the section of this Title for pro- h1bJtmg the sale or purchase of a public office, or relating to corrupt bargains or transactions in respect of public offices, extend to every civil public office the sale and purchase where- of is not authorized by any statute, or by any order or regula- uons lawfully made respecting such office by some person hav- ing authority to make the same:

Provided that no person shall be liable to punishment under the said section in respect of any sale, purchase, bargain, or transaction which is made by him with the sanction of the Governor-General, in case the person is the Governor-General, or the sale, purchase, bargain, or transaction is made by the per- son from, to, with, or on behalf of the Governor-General, which

CAP.I

Bribery of. or by, Minister

Special provision as to saJe and purchase of office

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Crimi,wl Code

1s maJc with the sanctinn uf Her Majesty or the Secretary of Statc·.

t2) Fur the purposes of the said section, ··corrupt bargain or tran.-..aclilm ·· includes any agreement, not made with such sanc- tion as aforesaid. for the;. gi~ing or receipt by any person of any \·aluahk consitkration for nominating or appointing a person to an offiL·L~. or fur procuring.. soliciting, or recommending the nomination l)f appointment of a person to an office, or for resi~nin,µ or procuring the resignation of an office. or for any promise. offer. or endeavour to do any such act as hereinbefore in this section mentioned, and includes any agreement, not made with '.'>Lu.:h sanction as aforesaid, for payin5 to any person, or permiuing any person to retain or receive, the whole or any part of lhe salary. fi:es. or other remuneration or benefits of an offil'L'.

-tOS. A person i, guilty of c,mupting a public officer, juror, or \·oter in rcsp~cl of the duties of his office or in respect of his vote. if he cnJcavours directly or indirectly to influence the conduct of the public officer. juror, or voter in respect of the duties of his otli,·c or in respect of his vote, by the gift, promise, or prn~pcct of any valuable consideration to be received by the public offi,·cr. juror. or voter. or by any other person, from any person whomsoever.

-t09. A public officer. juror. or voter is guilty of corruption in respect of the duties of his office or vote, if he directiy or indi- rectly a~rccs or l)ffcrs to permit his conduct as such officer, juror. or rnter to he influenced by the gift, promise, or prospect of any valuable consideration to be received by him, or by any other per~on. fnrn1 any person whomsoever.

-tlO. It is immaterial. for the purposes of either of the two last pn:cc<ling section~. that the person respecting whose con- duct the endeavour. agreement. or offer therein mentioned is made is not vet. at the time of the making of the endeavour, agreement. o~- offer. such a public officer. juror, or voter, if the endeavour. agreement. or offer is made in the expectation that he will or may become or act as such officer. juror, or voter.

Criminal Code

411. It is immaterial, for the purposes of any of the three last preceding sections, whether the act to be done by a person in consideration or in pursuance of any such gift, promise, prospect, agreement, or offer as therein mentioned be in any manner criminal or wrongful otherwise than by reason of the provisions of the said sections.

412. If, after a person has done any act as a public officer, juror, or voter, he secretly accepts, or agrees or offers secretly to accept for himself or for any other person, any valuable consid- eration on account of such act, he shall be presumed, until the contrary is shown, to have been guilty of corruption, within the meaning of this Title, in respect of such act before the doing thereof.

413. If, after a public officer, juror, or voter has done any act as such officer, juror, or voter, any other person secretly agrees or offers to give to or procure for him or for any other person any valuable consideration on account of such act, the person so agreeing or offering shall be presumed, until the contrary is shown, to have been guilty of having, before the doing of the act, corrupted such public officer, juror, or voter in respect of the act.

414. In this Title "valuable consideration" includes any money, money's worth, or valuable thing, and any office or dig- nity, and any forbearance to demand money, or money's worth, or any valuable thing, and any private advantage of whatsoever kind.

415. A person is guilty of intimidation at a public election if he endeavours to influence the conduct of any voter in respect of the election by a threat of any evil consequence to be caused to him, or to any other person, on account of his conduct as such voter.

416. A public officer or juror is guilty of wilful oppression in respect of the duties of his office if he wilfully commits any excess or abuse of his authority, to the injury of the public or of any person.

CAP. I

Corrupt agreement for lawful act

Acceptance of bribe by public officer &c., after doing act

Promise of bribe to public officer, &c., after act done

Definition of valuable consideration

Definition of intimidation

Explanation as to oppression

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Criminal Code

.u 7. A puhlic officer is guilty of extortion who, under cover ()f hi.s office. demanJs or obtains from any person, whether for public purpo:,.,e:,, or for himself or any other person, any money or valuahle con:-.ideratinn which he knows that he is not lawful- 1v autl10rizcd tn dcmanJ or obtain, or at a time at which he kno\\s that he is nDt lawfully autlwrized to demand the same.

-118. No pers.u1 shall be relieved from any liability to punish- ment 111H.kr thi .... Titk hv reason of any irregularity or informali- ty in the proceedings at~ or preliminary or subsequent to an elec- tion.

TITLE XXYIJI

BIGA,IY X\ll St1'111.AR OFFENCES

-119, Whoe,·er 1, guilty of bigamy shall be liable to imprison- mi:nt for :-.even yc-.1rs.

-.&20. \Vhoe\'l..'L being unmarried. goes through the ceremony pf marriage- with a person whom he or she knows to be married to another person. is guilty of a misdemeanour, whether the other party to the ct'rt'mony has or has not such guilty knowl- e<lg.e as to ht guilty of bigamy.

421. W'IHlL'\'L'r goes through the ceremony of marriage, or any cc-remony which he or she represents to be a ceremony of marriage-. knowing that the marriage is void on any ground, and that the other person believes it to be valid, shall be liable to impri:-.onment fl>f sc-ven years.

422. \v'hcK'\'er per:-.onates any other person in marriage, or marrie:-. under a fabc name or description. with intent to deceive the otht:-r pany to the marriage. sha11 be liable to imprisonmeflt for :-.eycn years.

423. \Vlwever perform:-. or witnesses as a marriage officer the n:remony of marriage. knowing that he is not duly qualified so to do. or that anv or the matters required by law for the valid- ity of tht': rnarriag•:· ha:-. not happened or been performed, so that

Criminal Code

the marriage is void or unlawful on any ground, shall be liable to imprisonment for seven years.

424. Whoever in any declaration, certificate, licence, docu- ment, or statement required by law to be made or issued for the purposes of a marriage, declares, enters, certifies, or states any material matter which is false, shall, if he does so without hav- ing taken reasonable means to ascertain the truth or falsity of the matter, be liable to imprisonment for one year, or shall, if he does so knowing that the matter is false, be liable to imprison- ment for five years.

425. Whoever endeavours to prevent a marriage by pretence that his consent thereto is required by law, or that any person whose consent is so required does not consent, or that there is any legal impedement to the performing of the marriage, shall, if he does so knowing that such pretence is false or without hav- ing reason to believe that it is true, be liable to imprisonment for two years.

426. Whoever with intent to defeat, obstruct or pervert the law with respect to inheritance or succession, or with intent to defraud or injure any person, falsely pretends that a child, whether living or dead, is a legitimate child, or substitutes one child, whether living or dead, legitimate or illegitimate, for another child, whether living or dead, legitimate or illegitimate, shall be liable to imprisonment for ten years.

DEFINITIONS AND SPECIAL PROVISIONS

427. (1) A person commits bigamy who, knowing that a marriage subsists between him or her and any person, goes through the ceremony of marriage with some other person:

Provided, that a person accused of bigamy shall be acquitted if at the time of the subsequent marriage his former wife or her former husband has been continually absent from him or her for seven years, and has not been heard of by him or her as being alive within that time, and if before the subsequent marriage he or she informs the other party thereto of the facts of the case so far as they are known to him or her.

CAP.I

Making false declaration, &c., for marriage

False pretence of impediment to marriage

Substitution of child

Definition or" and speciaJ provision as to bigamy

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( 'rimllwl Code

(2) Upon proof by the accused person of such continued absence and information as aforesaid, it shall lie on the prosecu- tion to pro, e that the former wife or husband has been heard of as afon:~said.

-l28. I I I Where. for the purposes of this Title, it is requisite to pron? a former maniage of any person, it shall be requisite and sufficient to prove a marriage, wheresoever and howsoever celebrated. which would be admitted by the Court as a valid marriage for the purposes of any civil proceeding, or for the purposes of the administration or distribution of the effects of a pl'rson upon his decease.

I 21 In like manner. where a person accused of bigamy <..k~ti:nds himsdf or hcr~df on the ground of a divorce from a former wifr or husband. any such divorce (and no other) shall be deemed sufficient as would be admitted by the Court as a valid din1rcc from the bond of marriage.

TITLE XXIX

PlillUC NUISANCES

-l29. WhoeYcr publishes. sells. or offers for sale any blasphe- mous or obsCL'lk' book, writing or representation, shall be liable to imprisonment for two years.

-l30, Wlwever publicly and wilfully commits any grossly indecent ad i:-. guilty of a misdemeanour.

..iJJ. Jf any l\\'l} persons are guilty of unnatural connexion, or if any person is guilty of unnatural connexion with any animal, cYery such person shall be liable to imprisonment for ten years.

-l32. Whoever unlawfully hinders the burial of the dead body of any person, or without lawful authority in that behalf disin- ters. dissc·cts. or harms the dead body of any person or, being under a duty IO cause the dead body of any person to be buried, faih to perform the duty. is guilty of a misdemeanour.

Criminal Code

433. Whoever, with intent to cause any public alarm or dis- turbance, publishes, or attempts to cause the publication of, any news or telegram which he knows or believes to be false, is guilty of a misdemeanour.

434, Whoever sells, or prepares or offers for sale, as being fit for consumption as food or drink, anything which he knows or has reason to _believe to be in such a condition, from putrefac- tion, adulterat10n, or other cause, as to be likely to be obnoxious to health, is guilty of a misdemeanour.

435, Whoever, without lawful authority or excuse (the proof whereof shall lie on him), commits any of the following nui- sances, namely-

(a) so carries on any noxious, offensive, or noisy business at any place, or causes or permits any noxious or offensive matter to be collected or continue at any place, or so keeps any animals at any place, as to impair or endanger the health of the public inhabiting or using the neigh- bourhood of the place, or as to cause material damage to therr lands, crops, cattle, or goods, or as to cause-materi- al interruption to them in their lawful business or occu- pations, or as to materially affect the value of their prop- erty; or

(b) so makes, keeps, or uses any explosive matter, or any collection of water, or any other dangerous or destructive thing, or any building, excavation, open pit, or other structure, work, or place, or so keeps any animal or per- mits it to be at large, as to cause danger of harm or dam- age to the persons or property of the public; or

(c) causes damage to, or any obstruction to the public use of, any public way or work, or any navigable water, well, spring, or reservoir, so as to deprive the public of the benefit thereof; or

CAP.I

Publishing false news

Selling, &c., unwholesome food (sees. 121)

Carrying on of noxious trade, and other interferences with public rights (sees. 122)

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Criminal Code

1d1 corrupts or fouls the water of any public well, tank, .....pnng or rt;"scrvoir.

shall be liabk 1" a fine. anJ ,hall, upon conviction for a contin- uancl' nr repetition of any such offence. be liable to imprison- 111.._•nt for ~ix m011th:-..

St'H'IAL PROVISIONS

-13(,. The following provisions shall have effect with respect to the nuisance of carrying on a noxious. offensive, or noisy businc .... :-.. al any place. or of causing or permitting noxious or off~nsivc matkr to he collected or continue at any place, or of keeping animals at any place as mentioned in this Title, namely---

(ti) ··busincs.-., ·· inclu<les not only any trade, manufacture, work. busin~ss. or occupation carried on for gain, but abo any l..'.ontinued or fre4uent repetition of any act or series ~)r act~ of any kind: anJ

(/1) it is nl'cc"ary. in orJer that a person may be punishable in respect of any such nuisance, that the prejudice or Jangcr cau,cd thereby should extend to persons inhabit- ing or occupying. under separate tenancies, not less than three houses ur other tenements.

-137. A person shall not be deemed to be guilty. within the meaning of this Title. of obstructing the public use of any public way or work by reason only of his being a party to any meeting a"cmblcJ in or upon or near any public way or work, unless the purposes of the meeting arc or include the obstruction of the public hy force or thrl'ats or ~how of force.

-138. No one shall be convicted under the first section of this Titlc for mcrdy expres~ing in good faith and in decent lan- gua~l'. or attempting to establish by arguments used in good faith and conveyed in decent language, any opinion on religious subject.-..

Criminal Code

PARTX

OFFENCES AGAINST NATIONAL FINANCIAL INTEGRITY

TI1LEXXX

MAIL, WIRE AND ELECTRONIC FRAUDS

439. (I) Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or proper- ty by means of false or fraudulent pretences, representations, or promises, or to sell dispose of, loan, exchange, alter, give away, distribute, supply or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other arti- cle, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorised depository for mail matter, or delivers to any courier, any matter or thing whatever to be sent or deliv- ered by the Post Office or such courier, or takes or receives from the Post Office or such courier, any such matter or thing, or knowingly causes to be delivered by mail or courier accord- ing to the direction thereon, or at the place at which it is direct- ed to be delivered by the person to whom it is addressed, any such matter or thing shall be guilty of an offence, and shall be liable to a fine of fifty thousand dollars or to imprisonment for ten years, or to both.

(2) If the offence referred to in subsection (I) is committed on, in relation to, or on behalf of a company, partnership, other corporate entity, bank, or other financial institution, the person committing such offence shall be liable to a fine of seventy-five thousand dollars, or to imprisonment for twenty years, or to both.

440. Whoever, for the purpose of conducting, promoting, or carrying on by means of the Post Office or by courier any scheme or device rendered unlawful by section 439 of this Code or by any other provision of any other law, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name,

CAP.I

Mail Fraud

Using fictitious or false name to conduct mail fraud

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Criminal Code

- - ,.___ ----------- or lake:-. or n:ceives from the Pust Office or any authorised Lkpository of mail matter, or from any courier, any letter, post cw.J. postal card. package. or other mail matter addressed to any such fictitiou:-.. false. or assumed title, name, or address, or name other than his own proper name. shall be guilty of an ofkn.:c. and shall be liable to a fine of fifty thousand dollars, or to imprisonment for ten years. or to both.

-1-11. 1I J Whoc,·cr. having devised or intending to devise any scheme or a11ificc to defraud. or for obtaining money or proper- tv by means of false or fraudulent pretences, representations, or ,;romises. transmib or causes to be transmitted by means of wirL'. radio. tt.:lcvision communication, or other electronic com- munication. any writings. signs, signals, pictures, or sounds for the purpose of executing. such scheme or artifice, shall be guilty of an offence. and shall be liable to a fine of fifty thousand dol- lar:,.,, or tu imprisonment for ten years. or to both.

(21 If the offence referred to in subsection (I) is committed on, in relation to. or on behalf of a company, partnership, other corporate entity. h~:nk. or other financial institution, the person committing such offence shall be liable to a fine of seventy-five thousand dollars. or to imprisonment for twenty years, or to both.

442. \Vhol'ver knowingly exei.:utes. or attempts to execute, a sch~me or artifice to defraud a bank or other financial institu- tion; or tu obtain bv means of false or fraudulent pretences, rep- resentations or pr~mises any of the moneys, funds, credits, assds. securities. or other property owned by, or under the cus- tody ur cuntrnl of, a bank or other financial institution, shall be guilty of an offence, and shall be liable to a fine of seventy-five thou~an<l Jollars, or to imprisonment for twenty years, or to both.

-1-1]. The Court before which a person is being tned on a charge of \'iolating any provision of this Title may on its own motiun. or on application by the prosecution or the accused, issue: an on..kr commanding the person to whom it is directed to produce the book,. papers. other documents or other objects designated in that urdcr. The Court may direct that the books, papers. olhl·r Jocumcnts or other objects designated in that

Criminal Code

order be produced before the Court at a time prior to the trial or prior to the time when they are to be offered in evidence, and may upon their production permit the books, papers, other doc- uments or other objects or portions thereof to be inspected by the parties and their attorneys.

444. (I) If a person is charged before the Court with violat- ing or being about to violate any provision of this Title, if that person is alienating or disposing of, or seems intending to alien- ate or dispose of property obtained as a result of such alleged violation or property which is traceable to such alleged viola- tion, the Director of Public Prosecutions may, pending the determination of that charge, apply to that court for an order-

(i) enjoining such alienation or disposition of the prop- erty; or

(ii) restraining any person from withdrawing, transfer- ring, removing, dissipating, or disposing of any such property; and appointing a temporary receiver to administer such restraining order.

(2) A permanent or temporary enjoining order or restraining order made under subsection (I) shall be granted without bond.

(3) In determining an application for an enjoining order or restraining order under subsection (I), the Court before which the application is made shall take care to prevent a continuing and substantial injury to the State or to any person or class of person for whose protection the application is made.

445. All the provisions of Book I of this Code shall be applied to and be deemed to form part of every provision of this Title, in so far as they are applicable to the matter of that provi- sion and are not expressly or by necessary implication exclud- ed, limited or modified with respect to that matter.

446. For the purposes of this Title, unless the context other- wise requires:

"courier'' includes a person or company operating a courier service and utilising any airline for such purpose;

CAP.1

Enjoining orders and restraining o«ten; regarding property obtained from or traceable to violations of this TitJe

Application of Book I

Interpretation

CAP.I

14/1988 19/1990 24/1992

Cap. 248

Criminal Code

"Court" means the High Court in the exercise of its crimi- nal jurisdiction;

"financial institution" has the same meaning as it has under the Banking Act 1988, and includes the term "foreign financial institution" as this latter term is defined by the Banking Act 1988;

"Post Office" includes the General Post Office and any inland post office established by or under the Post Office Act;

"scheme or artifice to defraud" includes a scheme or arti- fice by one person to deprive another of the intangi- ble right of honest services."

Criminal Code, Grenada

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